STEFANOVIĆ AND OTHERS v. SERBIA
Doc ref: 67375/12, 42639/13, 63047/13, 63051/13, 63052/13, 63062/13, 65430/13, 65431/13, 65564/13, 65879/13, ... • ECHR ID: 001-146830
Document date: September 2, 2014
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THIRD SECTION
DECISION
Application no. 67375/12 Stojadin STEFANOVIĆ against Serbia and 20 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 9 October 2012 and 9 October 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. They were all represented by Mr R. Marinković , a lawyer practising in Novi Pazar . 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 16 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 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 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
date of birth
nationality
Final domestic decision details
Enforcement order details
67375/12
09/10/2012
Stojadin STEFANOVIĆ
11/05/1955
Serbian
Novi Pazar
27/02/2012
Novi Pazar
01/08/2012
42639/13
22/05/2013
Prvoslav ĐOKOVIĆ
08/05/1964
Serbian
Novi Pazar
18/05/2009
Novi Pazar
23/01/2012
63047/13
18/09/2013
Radojka JOZOVIĆ
26/03/1955
Serbian
Novi Pazar
27/02/2009
Novi Pazar
30/06/2011
63051/13
18/09/2013
Sadija Å KRIJELJ
12/01/1947
Serbian
Novi Pazar
02/07/2008
Novi Pazar
24/06/2011
63052/13
18/09/2013
Refija IKIĆ
26/04/1953
Serbian
Novi Pazar
25/11/2008
Novi Pazar
29/06/2011
63062/13
18/09/2013
Mustafa BEGANOVIĆ
10/05/1964
Serbian
Novi Pazar
19/11/2009
Novi Pazar
10/11/2011
65430/13
24/09/2013
Sulejman JAŠAREVIĆ
01/09/1949
Serbian
Novi Pazar
05/05/2008
Novi Pazar
29/06/2011
65431/13
24/09/2013
Rahima TOTIĆ
11/10/1960
Serbian
Novi Pazar
13/10/2009
Novi Pazar
25/11/2011
65564/13
01/06/2013
Milosava BELOICA
18/11/1959
Serbian
Novi Pazar
30/09/2011
Novi Pazar
23/01/2012
65879/13
23/08/2013
Nurija BRUNČEVIĆ
24/04/1957
Serbian
Novi Pazar
29/09/2004
14/04/2006
30/03/2009
Novi Pazar
20/01/2006
05/04/2007
25/11/2011
66546/13
03/10/2013
Muška BIŠEVAC
27/02/1966
Serbian
Novi Pazar
07/03/2005
Novi Pazar
06/02/2006
66553/13
03/10/2013
Murat LOTINAC
02/02/1966
Serbian
Novi Pazar
14/04/2009
Novi Pazar
10/11/2011
66557/13
03/10/2013
Šefćet NIŠIĆ
20/08/1961
Serbian
Novi Pazar
13/10/2009
Novi Pazar
10/11/2011
66598/13
03/10/2013
Nermin MALJANOVIĆ
17/12/1974
Serbian
Novi Pazar
31/03/2009
Novi Pazar
02/11/2011
66775/13
26/09/2013
Izet BEGANOVIĆ
28/08/1962
Serbian
Novi Pazar
13/10/2009
Novi Pazar
11/07/2011
67444/13
05/10/2013
Ismail KOLAÅ INAC
11/11/1954
Serbian
Novi Pazar
13/10/2009
Novi Pazar
29/12/2011
67452/13
05/10/2013
Arif ROŽAJAC
23/04/1954
Serbian
Novi Pazar
22/04/2009
Novi Pazar
10/11/2011
67455/13
05/10/2013
Suada DRUÅ TINAC
10/06/1968
Serbian
Novi Pazar
14/10/2009
Novi Pazar
11/07/2011
68617/13
28/09/2013
Raba VEJSELOVIĆ
10/01/1951
Serbian
Novi Pazar
02/09/2008
28/07/2011
Novi Pazar
08/07/2011
05/03/2012
68795/13
09/10/2013
Dušimirka VUČINIĆ
01/10/1962
Serbian
Novi Pazar
30/06/2009
Novi Pazar
10/11/2011
68818/13
09/10/2013
Stojanka MILOŠEVIĆ
23/10/1964
Serbian
Novi Pazar
11/06/2008
Novi Pazar
30/06/2011