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POPOVIĆ AND OTHERS v. SERBIA
Doc ref: 57546/13;57855/13;57861/13;57887/13;59929/13;59937/13;64092/13 • ECHR ID: 001-147005
Document date: September 9, 2014
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POPOVIĆ AND OTHERS v. SERBIA
Doc ref: 57546/13;57855/13;57861/13;57887/13;59929/13;59937/13;64092/13 • ECHR ID: 001-147005
Document date: September 9, 2014
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 57546/13 Vera POPOVIĆ against Serbia and 6 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 9 September 2014 as a C ommittee 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 2 September 2013 and 30 September 201 3 ,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants ’ personal and other relevant details are set out in the appended table. The Serbian Government (" the Government " ) were represented by their Agent, Ms V. Rodić.
Relying on various Articles of the Convention , the applicants complained about the respondent State ’ s failure to enforce final court decisions rendered in their favour against different socially/State-owned companies . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 19 December 2013 and 30 May 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 case s (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 i s satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the case s 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
place of residence
nationality
Represented by
Final domestic decision details
Enforcement order details
57546/13
03/09/2013
Vera POPOVIĆ
01/10/1954
Serbian
Refija GARIBOVIĆ
Tutin Municipal Court
1. 28/02/2003
Novi Pazar Municipal Court
1. 13/03/2003
Novi Pazar First Instance Court
1. 14/09/2012
57855/13
04/09/2013
Fatima HAJRIZOVIĆ
28/08/1965
Serbian
Refija GARIBOVIĆ
Tutin Municipal Court
1. 16/03/2006
Novi Pazar First Instance Court
1. 18/06/2012
57861/13
04/09/2013
Ćamil HAJRIZOVIĆ
20/01/1959
Serbian
Refija GARIBOVIĆ
Tutin Municipal Court
1. 27/11/2002
2. 15/06/2004
Novi Pazar First Instance Court
1. 12/07/2012
57887/13
02/09/2013
Rada MRLJEÅ
22/04/1965
Serbian
Refija GARIBOVIĆ
Novi Pazar Municipal Court
1. 16/02/2005
Novi Pazar First Instance Court
1. 27/09/2012
59929/13
02/09/2013
Iljaz DEDIĆ
23/03/1956
Serbian
Refija GARIBOVIĆ
Tutin Municipal Court
1. 04/07/2006
Novi Pazar Municipal Court
1. 01/11/2007
59937/13
03/09/2013
Mursel BAKIĆ
21/02/1952
Serbian
Refija GARIBOVIĆ
Tutin Municipal Court
1. 28/02/2003
Novi Pazar Municipal Court
1. 13/03/2003
Novi Pazar First Instance Court
1. 14/09/2012
64092/13
30/09/2013
Nurija AJDINOVIĆ-KALIĆ
14/12/1955
Serbian
Emir FETAHOVIĆ
Novi Pazar Municipal Court
1. 21/02/2003
2. 15/10/2003
3. 28/03/2006
Novi Pazar Municipal Court
1. 05/05/2003
2. 18/03/2004
3. 15/09/2006
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