Lexploria

THIRD SECTION

DECISION

Application no. 29292/13 Dževahira MAVRIĆ-MIRALJEMOVIĆ against Serbia and 36 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 10 June 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 1 6 March 201 3 and 5 August 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 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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 8 October 2013 and 10 March 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 i s 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 Presiden t

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

29292/13

16/03/2013

Dževahira MAVRIĆ-MIRALJEMOVIĆ

17/09/1952

Serbian

Idriz MUDERIZOVIĆ

1. Municipal Court in Novi Pazar of 24 May 2004

2. Municipal Court in Novi Pazar of 5 October 2005

1. Municipal Court in Novi Pazar of 6 October 2004

2. Municipal Court in Novi Pazar of 24 August 2006

29294/13

25/03/2013

Slavoljuba VUČIĆEVIĆ

24/06/1952

Serbian

Zoran JANIĆIJEVIĆ

1. Municipal Court in Novi Pazar of 25 March 2004

1. Municipal Court in Novi Pazar of 3 August 2004

42618/13

04/06/2013

Nadežda MOJSILOVIĆ

06/08/1957

Serbian

Rodoljub MARINKOVIĆ

1. Court of First Instance in Novi Pazar of 14 July 2010

1. Court of First Instance in Novi Pazar of 1 December 2011

42621/13

05/06/2013

Muamera KALAÄŒ

13/05/1960

Serbian

Refija GARIBOVIĆ

1. Municipal Court in Novi Pazar of 22 September 2004

1. Municipal Court in Novi Pazar of 6 June 2006

42622/13

05/06/2013

Mahija LIÄŒINA

05/03/1958

Serbian

Refija GARIBOVIĆ

1. Municipal Court in Tutin of 9 December 2002

2, Municipal Court in Tutin of 29 June 2004

1. Municipal Court in Tutin of 27 January 2003

2. Municipal Court in Tutin of 3 August 2004

43064/13

10/05/2013

Konstantil JANKOVIĆ

01/02/1959

Serbian

Slobodan MILANOVIĆ

1. Municipal Court in Novi Pazar of 28 September 2004

1. Municipal Court in Novi Pazar of 26 November 2004

45929/13

14/05/2013

Bahrija HUJEVIĆ

15/04/1963

Serbian

Rodoljub MARINKOVIĆ

1. Court of First Instance in Novi Pazar of 19 April 2010

1. Court of First Instance in Novi Pazar of 8 July 2011

45960/13

08/07/2013

Zehra ZEĆOVIĆ-ČEKOVIĆ

17/04/1966

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 7 May 2003

2. Municipal Court in Novi Pazar of 22 March 2005

3. Municipal Court in Novi Pazar of 3 October 2005

4. Municipal Court in Novi Pazar of 16 April 2007

1. Municipal Court in Novi Pazar of 17 July 2003

2. Municipal Court in Novi Pazar of 27 December 2005

3. Municipal Court in Novi Pazar of 23 November 2006

4. Municipal Court in Novi Pazar of 27 July 2006

45964/13

08/07/2013

Nafija KUČEVIĆ

22/05/1958

Serbian

Naser EJUPOVIĆ

1. Municipal Court in Novi Pazar of 18 October 2007

2. Municipal Court in Novi Pazar of 27 March 2008

1. Municipal Court in Novi Pazar of 28 November 2007

2. Municipal Court in Novi Pazar of 29 June 2011

46893/13

11/06/2013

Novak MILENKOVIĆ

02/02/1948

Serbian

Rodoljub MARINKOVIĆ

1. Court of First Instance in Novi Pazar of 19 April 2010

1. Court of First Instance in Novi Pazar of 25 November 2011

46929/13

10/06/2013

Zejna EJUPOVIĆ

10/03/1960

Serbian

Naser EJUPOVIĆ

1. Municipal Court in Novi Pazar of 21 June 2004

2. Municipal Court in Novi Pazar of 12 October 2005

3. Municipal Court in Novi Pazar of 8 May 2006

1. Municipal Court in Novi Pazar of 27 December 2004

2. Municipal Court in Novi Pazar of 14 February 2006

3. Municipal Court in Novi Pazar of 17 July 2006

46931/13

10/06/2013

Nadžija KICARA

15/06/1965

Serbian

Rodoljub MARINKOVIĆ

1. Municipal Court in Novi Pazar of 17 August 2009

1. Court of First Instance in Novi Pazar of 11 July 2011

47052/13

01/07/2013

Miljojka RADOSAVLJEVIC

28/12/1965

Serbian

Rodoljub MARINKOVIĆ

1. Municipal Court in Novi Pazar of 7 July 2007

1. Court of First Instance in Novi Pazar of 30 June 2011

47089/13

28/05/2013

Slavka BALOVIĆ AMANOVIĆ

13/03/1956

Serbian

Slobodan MILANOVIĆ

1. Municipal Court in Novi Pazar of 9 June 2004

2. Court of First Instance in Novi Pazar of 10 May 2010

1. Municipal Court in Novi Pazar 29 October 2004

2. Court of First Instance in Novi Pazar of 3 October 2011

47167/13

23/05/2013

Hankija Å AHMAN

27/01/1958

Serbian

Vesna CUKAVAC

1. Municipal Court in Novi Pazar of 3 October 2005

1. Municipal Court in Novi Pazar of 27 December 2005

47531/13

25/06/2013

Esmana SELMANOVIĆ

04/03/1958

Serbian

Hasim KLIMENTA

1. Municipal Court in Tutin of 28 November 2002

1. Municipal Court in Novi Pazar of 27 January 2003

52815/13

23/07/2013

Senada JAŠAREVIĆ

26/01/1968

Serbian

Rodoljub MARINKOVIĆ

Court of First Instance in Novi Pazar of 16 February 2010

Court of First Instance in Novi Pazar of 11 July 2011

52866/13

24/07/2013

Kimeta KAMBOVIĆ

03/09/1958

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 26 November 2004

2. Municipal Court in Novi Pazar of 23 June 2006

3. Municipal Court in Novi Pazar of 23 June 2006

1. Municipal Court in Novi Pazar of 27 December 2005

2. Municipal Court in Novi Pazar of 31 August 2006

52869/13

24/07/2013

Ernest KOLAÅ INAC

24/05/1961

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 27 September 2004

2. Municipal Court in Novi Pazar of 21 November 2005

3. Municipal Court in Novi Pazar of 6 March 2007

1. Municipal Court in Novi Pazar of 27 December 2005

2. Municipal Court in Novi Pazar of 20 April 2006

3. Municipal Court in Novi Pazar of 21 May 2007

52872/13

24/07/2013

Zejnepa HAJDAROVIĆ

16/04/1964

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 11 October 2006

1. Municipal Court in Novi Pazar of 20 December 2006

52875/13

24/07/2013

Ešref OSMANOVIĆ

24/06/1966

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 26 November 2004

2. Municipal Court in Novi Pazar of 20 October 2006

1. Municipal Court in Novi Pazar of 27 December 2005

Municipal Court in Novi Pazar of 29 March 2007

52877/13

24/07/2013

Hasima BEROVIĆ UKIĆ

12/04/1963

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 10 September 2004

2. Municipal Court in Novi Pazar of 25 May 2006

1. Municipal Court in Novi Pazar of 23 June 2005

2. Municipal Court in Novi Pazar of 28 August 2006

52881/13

24/07/2013

Sanja HAŠIMOVIĆ

06/04/1963

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 4 October 2004

2. Municipal Court in Novi Pazar of 20 June 2006

3. Municipal Court in Novi Pazar of 23 May 2007

1. Municipal Court in Novi Pazar of 16 April 2007

2. Municipal Court in Novi Pazar of 26 April 2007

3. Municipal Court in Novi Pazar of 24 September 2007

53050/13

05/08/2013

Safeta HASANOVIĆ

01/11/1968

Serbian

Refija GARIBOVIĆ

1. Municipal Court in Novi Pazar of 8 March 2007

1. Municipal Court in Novi Pazar of 10 April 2007

53812/13

01/07/2013

Nada VUKOMANOVIĆ

20/05/1952

Serbian

Rodoljub MARINKOVIĆ

1. Municipal Court in Novi Pazar of 1 October 2008

1. Court of First Instance in Novi Pazar of 24 June 2011

54629/13

16/08/2013

Jasmin REDŽOVIĆ

12/05/1990

Serbian

Naser EJUPOVIĆ

1. Municipal Court in Novi Pazar of 24 November 2004

2. Municipal Court in Novi Pazar of 13 April 2006

1. Municipal Court in Novi Pazar of 27 December 2005

2. Municipal Court in Novi Pazar of 12 July 2006

54631/13

14/08/2013

Jasmina SABANOVIC

12/06/1966

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 25 June 2003

2. Municipal Court in Novi Pazar of 13 September 2005

3. Municipal Court in Novi Pazar of 18 September 2006

1. Municipal Court in Novi Pazar of 23 September 2003

2. Municipal Court in Novi Pazar of 11 July 2006

3. Municipal Court in Novi Pazar of 25 June 2007

54637/13

14/08/2013

Ifeta REČ - KUČEVIĆ

14/10/1965

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 10 June 2004

2. Municipal Court in Novi Pazar of 22 November 2005

3. Municipal Court in Novi Pazar of 20 June 2006

1. Municipal Court in Novi Pazar of 6 October 2004

2. Municipal Court in Novi Pazar of 14 Februa 2006

3. Municipal Court in Novi Pazar of 15 May 2007

54643/13

14/08/2013

Rasima PRELJEVIĆ

15/04/1959

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar of 24 February 2005

2. Municipal Court in Novi Pazar of 27 July 2006

3. Municipal Court in Novi Pazar of 9 July 2007

1. Municipal Court in Novi Pazar of 27 December 2005

2. Municipal Court in Novi Pazar of 29 March 2007

3. Municipal Court in Novi Pazar of 13 December 2007

54652/13

15/08/2013

Enes ĆOROVIĆ

21/04/1957

Serbian

Esad KLIMENTA

1. Municipal Court in Novi Pazar of 11 April 2008

1. Court of First Instance in Novi Pazar of 9 May 2011

56244/13

29/08/2013

Mujesira KAHROVIĆ

02/06/1956

Serbian

Rodoljub MARINKOVIĆ

Court of First Instance in Novi Pazar of 28 July 2011

Court of First Instance in Novi Pazar of 20 August 2012

56342/13

29/08/2013

Sadeta NURKOVIĆ

03/02/1966

Serbian

Rodoljub MARINKOVIĆ

Court of First Instance in Novi Pazar of 6 March 2012

Court of First Instance in Novi Pazar of 20 August 2012

57268/13

30/08/2013

Edina MUŠIĆ

28/10/1964

Serbian

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar - 24 May 2004

Municipal Court in Novi Pazar - 6 October 2004

57277/13

02/09/2013

Ilka DERVOVIĆ

01/12/1956

Serbian

Emir FETAHOVIĆ

1. Municipal Court in Novi Pazar 23 October 2003

2. Municipal Court in Novi Pazar 22 November 2005

3. Municipal Court in Novi Pazar 8 June 2006

1. Municipal Court in Novi Pazar 25 February 2004

2. Municipal Court in Novi Pazar 14 February 2006

3. Municipal Court in Novi Pazar 15 September 2006

57439/13

29/08/2013

Grozdana ILIĆ

13/04/1954

Serbian

Nataša MIJALJEVIĆ

Municipal Court in Novi Pazar of 25 September 2009

Court of First Instance in Novi Pazar of 14 June 2011

57442/13

29/08/2013

Naza ŠAĆIROVIĆ

25/02/1957

Serbian

Ramiza ĐAKOVAC

Municipal Court in Novi Pazar of 26 March 2004

Municipal Court in Novi Pazar of 15 June 2004

58055/13

05/08/2013

Biljana STOJANOVIĆ

01/04/1957

Serbian

Refija GARIBOVIĆ

1. Appeals Court in Kragujevac of 16 September 2011

1. Court of First Instance in Novi Pazar 4 October 2011

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MAVRIĆ-MIRALJEMOVIĆ AND OTHERS v. SERBIA

MAVRIĆ-MIRALJEMOVIĆ AND OTHERS v. SERBIA

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