RISTIĆ AND OTHERS v. SERBIA
Doc ref: 79958/12;57765/13;64040/13;64072/13;64110/13;64234/13;66544/13 • ECHR ID: 001-147001
Document date: September 9, 2014
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 1
THIRD SECTION
DECISION
Application no . 79958/12 Radoslav RISTIĆ against Serbia and 6 other applications (see list appended)
The European Court of Human Rights ( Third Section), sitting on 9 September 2014 as a Committee composed of:
Ján Šikuta , President, Dragoljub Popović , Iulia Antoanella Motoc , judges,
and Marialena Tsirli, Deputy Section Registrar ,
Having regard to the above applications lodged between 27 November 2012 and 30 September 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants ’ personal details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State ’ s failure to enforce final court decisions rendered in their favour against socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 3 January and 3 July 2014 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them 2,000 EUR (two thousand euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three ‑ month period, the Government undertook to pay simple interest on them, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no public policy reasons to justify a continued examination of the application s (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Marialena Tsirli Ján Å ikuta Deputy Registrar President
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Represented by
Final domestic decision details
Enforcement order details
79958/12
27/11/2012
Radoslav RISTIĆ
23/07/1965
Serbian
Slavoljub GAJIĆ
Belgrade
18/03/2003
Belgrade
28/01/2004
57765/13
02/09/2013
Hana DŽANKOVIĆ
01/10/1954
Serbian
Ramiza ĐAKOVAC
Novi Pazar
10/06/2008
Novi Pazar
24/06/2011
64040/13
27/09/2013
Gordana ŠIŠOVIĆ
09/06/1963
Serbian
Slobodan PROTIĆ and Miloš PROTIĆ
Belgrade
17/01/2008
Belgrade
15/12/2011
64072/13
25/09/2013
Ksenija VUJOŠEVIĆ
25/12/1954
Serbian
Slobodan PROTIĆ and Miloš PROTIĆ
Belgrade
10/10/2007
Belgrade
08/01/2009
64110/13
30/09/2013
Slavica KREZIĆ
08/01/1969
Serbian
Slobodan PROTIĆ and Miloš PROTIĆ
Belgrade
12/09/2007
Belgrade
10/07/2008
64234/13
30/09/2013
Nusret ZUMBERAJ
12/01/1958
Serbian
Slobodan PROTIĆ and Miloš PROTIĆ
Belgrade
28/11/2007
Belgrade
02/08/2011 and 20/08/2012
66544/13
19/09/2013
Jasmina FILIPOVIĆ
21/02/1971
Serbian
Slobodan PROTIĆ and Miloš PROTIĆ
Belgrade
24/12/2007
Belgrade
15/12/2011