MITIĆ AND OTHERS v. SERBIA
Doc ref: 67541/09;59572/11;59583/11;59590/11;59593/11;59597/11;59611/11;59616/11;59624/11 • ECHR ID: 001-146876
Document date: September 2, 2014
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THIRD SECTION
DECISION
Application no . 67541/09 Časlav MITIĆ against Serbia
and 8 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 on 27 November 2009,
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 Ms J. Spasić, a lawyer practising in Vlasotince. 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 a final judgment issued by the Municipal Court in Vlasotince on 1 March 2005 rendered in their favour against a socially/State-owned company.
Between 16 January and 12 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 decision under consideration in the present cases, less any amounts which may have already been paid on the basis of the said decision , 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 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
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
67541/09
27/11/2009
Časlav MITIĆ
29/12/1968
Serbian
59572/11
27/11/2009
Slavica STAMENKOVIĆ
02/01/1967
Serbian
59583/11
27/11/2009
Snežana RISTIĆ
16/12/1968
Serbian
59590/11
27/11/2009
Slovenka PETROVIĆ
24/10/1961
Serbian
59593/11
27/11/2009
Danica STOJANOVIĆ
26/07/1968
Serbian
59597/11
27/11/2009
Goran CVETKOVIĆ
30/06/1970
Serbian
59611/11
27/11/2009
Vesna CVETKOVIĆ
26/10/1968
Serbian
59616/11
27/11/2009
Branislava NIKOLIĆ
02/09/1962
Serbian
59624/11
27/11/2009
Slađana JANKOVIĆ
08/10/1959
Serbian
APPENDIX