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PAJOVIĆ AND OTHERS v. SERBIA

Doc ref: 15943/12;38825/12;40274/12;50008/12;67262/12;67377/12;79641/12;20460/13;21314/13;47994/13;50294/13 • ECHR ID: 001-145465

Document date: June 10, 2014

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PAJOVIĆ AND OTHERS v. SERBIA

Doc ref: 15943/12;38825/12;40274/12;50008/12;67262/12;67377/12;79641/12;20460/13;21314/13;47994/13;50294/13 • ECHR ID: 001-145465

Document date: June 10, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no. 15943/12 Milodar PAJOVIĆ against Serbia and 10 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 10 June 2014 as a C ommittee 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 20 February 2002 and 6 July 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. 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 different socially/State-owned companies . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 28 September 2013 and 13 January 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 settlements reached between the parties. It is satisfied that the settlements are 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

No.

Application

no. and date of introduction

Applicant name

date of birth

place of residence

nationality

Represented by

Final domestic decision details

Enforcement order details

15943/12

20/02/2012

Milodar PAJOVIĆ

27/01/1948

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P1.772/07 of 03/12/2007

Basic Court in Novi Pazar

1.I.1043/11 of 08/08/2011

38825/12

16/06/2012

Milica NIKIĆ

03/07/1960

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P1.137/09 of 31/03/2009

Basic Court in Novi Pazar

1.I.1983/11 of 10/11/2011

40274/12

22/06/2012

Desimir MIJAILOVIĆ

06/03/1945

Serbian

Rodoljub MARINKOVIĆ

1. Municipal Court in Novi Pazar

P1.br.770/07 of 5 May 2008

1. Municipal Court in Novi Pazar

19 I br.1019/11 of 29 June 2011

50008/12

01/08/2012

Sadija BEGOVIĆ

24/12/1958

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P1.427/08 of 05/11/2008

Basic Court in Novi Pazar

1.I.1013/11 of 29/06/2011

67262/12

08/10/2012

Ismail ŠEHOVIĆ

22/09/1950

Serbian

Rodoljub MARINKOVIĆ

Basic Court in Novi Pazar

1.P1.1420/10 of 02/03/2011

Basic Court in Novi Pazar

1.I.2127/11 of 25/11/2011

67377/12

09/10/2012

Rada JAKOVLJEVIĆ

22/12/1958

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1.P1.1003/07 of 05/05/2008

Basic Court in Novi Pazar

1.I.1005/11 of 29/06/2011

79641/12

05/12/2012

Stanojka DROBNJAK

11/06/1961

Serbian

Rodoljub MARINKOVIĆ

The Municipal Court ( Opštinski sud ) in Novi Pazar

P1.88/09 of 25/09/2009

The Court of First Instance ( Osnovni sud ) in Novi Pazar

I.1235/11 of 11/07/2011

20460/13

06/03/2013

Vasilija NOVAKOVIĆ

20/01/1961

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P.1. 142/09 from 10/03/2009

Municipal Court in Novi Pazar

1. I. 1945/11 from 07/11/2011

21314/13

08/03/2013

Vasilije BOŽOVIĆ

14/01/1948

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P.1. 113/09 from 23/09/2009

Municipal Court in Novi Pazar

1. I. 2034/11 from 18/11/2011

47994/13

01/07/2013

Dušanka RADOSLAVLJEVIĆ

22/04/1953

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P.1. 135/09 from 10/03/2009

Municipal Court in Novi Pazar

1. I. 1947/11 from 07/11/2011

50294/13

06/07/2013

Radmila NIĆIFOROVIĆ

02/08/1961

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

1. P.1. 1158/06 from 09/07/2007

Municipal Court in Novi Pazar

1. I. 1978/07 from 10/12/2007

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