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IVANKOVIĆ AND OTHERS v. SERBIA

Doc ref: 63695/13;63706/13;63969/13;64001/13;64029/13;64068/13;64113/13;66520/13;66532/13;66565/13 • ECHR ID: 001-146848

Document date: September 2, 2014

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IVANKOVIĆ AND OTHERS v. SERBIA

Doc ref: 63695/13;63706/13;63969/13;64001/13;64029/13;64068/13;64113/13;66520/13;66532/13;66565/13 • ECHR ID: 001-146848

Document date: September 2, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 63695/13 Dragica IVANKOVIĆ against Serbia and 9 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 19 and 30 September 2013 ,

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. They were all rep resented by Mr S. Protić and Mr M. Protić , lawyers practising in Belgrade. 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 21 January 201 4 and 29 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 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 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

Application

no. and date of introduction

Applicant name

date of birth

nationality

Final domestic decision details

(the seat of the relevant court and the date of the decision)

The date of the enforcement order

63695/13

25/09/2013

Dragica IVANKOVIĆ

09/12/1956

Serbian

Belgrade

10/10/2007

8/01/2009

63706/13

25/09/2013

Dušan MARKOVIĆ

25/11/1956

Serbian

Belgrade

8/10/2007

6/07/2011

63969/13

30/09/2013

Milena DONČIĆ

03/04/1952

Serbian

Belgrade

31/01/2008

16/05/2008

64001/13

27/09/2013

Jasminka OBRADOVIĆ

26/10/1960

Serbian

Belgrade

10/10/2007

5/08/2011

64029/13

27/09/2013

Slavoljub RADOVIĆ

16/04/1971

Serbian

Belgrade

10/10/2007

5/08/2011

64068/13

25/09/2013

Vlado KRSTIĆ

20/04/1952

Serbian

Belgrade

11/12/2006

29/09/2008

64113/13

30/09/2013

Dunavka ILIĆ

04/09/1965

Serbian

Belgrade

11/09/2007

12/03/2008

66520/13

19/09/2013

Dušanka LAZAREVIĆ

10/06/1956

Serbian

Belgrade

6/09/2007

21/02/2008

66532/13

19/09/2013

Milka Å AVRLJUGA

06/09/1954

Serbian

Belgrade

6/09/2007

21/02/2008

66565/13

19/09/2013

Čedomir PANTELIĆ

12/10/1951

Serbian

Belgrade

29/10/2007

15/01/2009

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