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IVANOVIĆ AND OTHERS v. SERBIA

Doc ref: 3715/12, 5346/12, 5598/12, 5684/12, 5783/12, 14966/12, 15264/12, 15274/12, 26408/12, 39272/12, 40051... • ECHR ID: 001-146819

Document date: September 2, 2014

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IVANOVIĆ AND OTHERS v. SERBIA

Doc ref: 3715/12, 5346/12, 5598/12, 5684/12, 5783/12, 14966/12, 15264/12, 15274/12, 26408/12, 39272/12, 40051... • ECHR ID: 001-146819

Document date: September 2, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 3715/12 Ivan IVANOVIĆ against Serbia and 14 other applications (see list appended)

The European Court of Human Rights ( Third S ection), 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 5 September 2011 and 9 October 2012 ,

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 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 10 December 20 13 and 23 April 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 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 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

Represented by

3715/12

05/09/2011

Ivan IVANOVIĆ

5346/12

14/09/2011

Radosav MILINKOVIĆ

Aleksandar GLIŠIĆ

5598/12

01/10/2011

Slobodan JESTRATIJEVIĆ

5684/12

01/10/2011

Vera VELJKOVIĆ

Tomislav RADIŠIĆ

5783/12

04/10/2011

Leposava TEŠIĆ

Tomislav RADIŠIĆ

14966/12

16/12/2011

Đorđe PERIŠIĆ

Gorica VESELINOVIĆ

15264/12

06/03/2012

Nada ČOLOVIĆ

Nataša MIJALJEVIĆ

15274/12

06/03/2012

Branka ĐORĐEVIĆ

Nataša MIJALJEVIĆ

26408/12

02/04/2012

Milijana PENDIĆ

Ranka PANTOVIĆ

39272/12

12/06/2012

Saša LAZAREVIĆ

Nenad ČOLOVIĆ

40051/12

19/06/2012

Jovanka NIKODINOVIĆ

Rodoljub MARINKOVIĆ

43628/12

03/07/2012

Ranka SEKULIĆ

Vesna CUKAVAC

44993/12

07/07/2012

Hankija Å KRIJELJ

Vesna CUKAVAC

53136/12

13/08/2012

Nadira ZAHITOVIĆ ELMAZBEGOVIĆ

Idriz MUDERIZOVIĆ

66613/12

09/10/2012

Ljubiša VUKADINOVIĆ

Snežana JOKIĆ

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