DIDANOVIĆ AND OTHERS v. SERBIA
Doc ref: 21305/13;21490/13;67600/13;67844/13;69570/13;69571/13;71766/13 • ECHR ID: 001-146841
Document date: September 2, 2014
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THIRD SECTION
DECISION
Application no . 21305/13 Nada DIDANOVIĆ against Serbia and 6 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 8 March and 2 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. 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 applicants also obtained decisions of the Constitutional Court of Serbia finding a breach of their constitutional rights, awarding them certain sums as compensation for non-pecuniary damage and ordering the competent courts to bring the impugned enforcement proceedings to a conclusion as soon as possible. However, the final court judgments under consideration in these cases remain unenforced to the present day. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 8 January and 2 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) less any amounts which may have already been paid on the basis of the relevant Constitutional Courts ’ decision 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 (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
Constitutional Court decision details / non-pecuniary damage awarded
21305/13
08/03/2013
Nada DIDANOVIĆ
06/10/1960
Serbian
Snežana JOKIĆ
Čačak
28/02/2008
Čačak
04/11/2008
10/10/2012
400 EUR
21490/13
11/03/2013
Branko PETROVIĆ
07/04/1963
Serbian
Snežana JOKIĆ
Čačak
07/11/2008
Čačak
24/02/2009
27/09/2012
300 EUR
67600/13
02/10/2013
Milorad LUKIĆ
18/03/1959
Serbian
Dragana JANKOVIĆ
Čačak
04/02/2008
Čačak
02/09/2008
24/09/2008
11/04/2013
400 EUR
67844/13
01/10/2013
Velimir ŽIVKOVIĆ
09/12/1957
Serbian
Dragana JANKOVIĆ
Čačak
08/07/2008
Čačak
15/05/2009
04/04/2013
1,100 EUR
69570/13
01/10/2013
Milan KALJEVIĆ
06/07/1961
Serbian
Dragana JANKOVIĆ
Čačak
08/07/2008
Čačak
15/05/2009
04/04/2013
1,100 EUR
69571/13
01/10/2013
Slađan NEŠOVIĆ
07/09/1960
Serbian
Dragana JANKOVIĆ
Čačak
08/07/2008
Čačak
15/05/2009
04/04/2013
1,100 EUR
71766/13
11/03/2013
Ostoja MARKOVIĆ
15/06/1942
Serbian
Snežana JOKIĆ
Čačak
07/11/2008
Čačak
24/02/2009
27/12/2012
300 EUR