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EFTIMOV AND OTHERS v. SERBIA

Doc ref: 6249/11, 24160/11, 40655/11, 6546/12, 8230/12, 21330/12, 21647/12, 26226/12, 26238/12, 32745/12, 332... • ECHR ID: 001-146784

Document date: September 2, 2014

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EFTIMOV AND OTHERS v. SERBIA

Doc ref: 6249/11, 24160/11, 40655/11, 6546/12, 8230/12, 21330/12, 21647/12, 26226/12, 26238/12, 32745/12, 332... • ECHR ID: 001-146784

Document date: September 2, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 6249/11 Vasko EFTIMOV against Serbia and 1 1 other applications (see list appended)

The European Court of Human Rights ( Third Section), sitting on 2 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 1 4 January 2011 and 25 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 compan ies . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 6 January and 10 June 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 s trike 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/request details

6249/11

14/01/2011

Vasko EFTIMOV

25/02/1946

Serbian

Zdravka GAGULSKA

Vranje

09/05/2007

Vranje

24/10/2007

24160/11

08/03/2011

AUTOPREVOZNIČKA RADNJA BOROGIĆ SINIŠE

Serbian

Milorad BOJČEVIĆ

Zaječar

13/01/2005 and 25/05/2006

12/02/2008

40655/11

27/06/2011

MILEX

Serbian

Marija RADOVANOVIĆ PAVLOVIĆ

Požarevac

24/12/2002

Požarevac

25/07/2003

6546/12

14/12/2011

Miloš RADOVANOVIĆ

08/12/1959

Serbian

Å abac

16/10/2006

Å abac

03/04/2007

8230/12

05/12/2011

Ljubiša PEJOVIĆ

27/01/1947

Serbian

Å abac

20/10/2006

Å abac

12/04/2007

21330/12

02/04/2012

Tadija ŠOBIĆ

20/02/1954

Serbian

Å abac

04/06/2004

24/10/2005

Å abac

10/04/2007

02/04/2007

21647/12

04/04/2012

Božo MAROVIĆ

16/02/1956

Serbian

Å abac

04/06/2004

18/12/2008

28/06/2006

25/12/2009

26226/12

28/03/2012

Vojislav ORLANDIĆ

25/02/1932

Serbian

Belgrade

14/09/1998

23/03/1999

31/10/2002

Belgrade

27/02/2001

03/03/2004

26238/12

26/03/2012

Miloš MARKOVIĆ

27/07/1952

Serbian

Å abac

18/08/2006

Å abac

29/03/2007

32745/12

23/04/2012

Darinka ĐORĐEVIĆ

07/09/1956

Serbian

Å abac

25/02/2005

21/10/2005

Å abac

09/02/2007

33268/12

30/04/2012

Voja KUNAICA

15/10/1954

Serbian

Å abac

12/12/2006

Å abac

03/04/2007

63101/13

25/09/2013

Ljubomir Dakovi ć

15/10/1950

Serbian

Slobodan and Miloš PROTIĆ

Belgrade

11 /12/2006

Belgrade

29/09/2008

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