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GLUHAVIČANIN HANIĆ AND OTHERS v. SERBIA

Doc ref: 48250/13;54523/13;56312/13;56641/13;57495/13;57539/13;57541/13;57721/13;58172/13;58190/13 • ECHR ID: 001-145491

Document date: June 10, 2014

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GLUHAVIČANIN HANIĆ AND OTHERS v. SERBIA

Doc ref: 48250/13;54523/13;56312/13;56641/13;57495/13;57539/13;57541/13;57721/13;58172/13;58190/13 • ECHR ID: 001-145491

Document date: June 10, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 48250/13 Remka GLUHAVIČANIN HANIĆ against Serbia and 9 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 27 May 201 3 and 9 September 201 3 ,

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 socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 22 October 2013 and 1 April 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- m onth 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 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 wi th 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

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

The date of the enforcement order

48250/13

27/05/2013

Remka GLUHAVIČANIN HANIĆ

03/03/1959

Serbian

Ramiza ĐAKOVAC

Novi Pazar

1. 23/01/2002

2. 1/02/2002

25/03/2002

54523/13

15/08/2013

Sabina KONI Č ANIN

05/07/1973

Macedonian, Serbian

Naser EJUPOVIĆ

Novi Pazar

1. 04/12/2003

2. 13/09/2005

3. 12/09/2006

The applicant ’ s late husband obtained the above judgments. The applicant inherited 1/3 of those claims (the Novi Pazar Court of First Instance ’ s decision no. 20 O. 817/12 of 05/09/2012)

1. 19/05/2004

2. 14/02/2006

3. 06/07/2007

56312/13

29/08/2013

Radosav ILIĆ

12/10/1951

Serbian

Nataša MIJALJEVIĆ

Novi Pazar

12/12/2007

15/06/2011

56641/13

05/08/2013

Remka MURIĆ

16/02/1954

Serbian

Refija GARIBOVIĆ

Novi Pazar

1. 18/02/2005

2. 31/10/2005

3. 14/03/2007

1. 26/09/2005

2. 14/02/2006

3. 10/08/2007

57495/13

03/09/2013

Muamera SINANOVIĆ

30/10/1960

Serbian

Rodoljub MARINKOVIĆ

Novi Pazar

22/04/2008

24/06/2011

57539/13

02/09/2013

Fadil DOLOVAC

07/01/1956

Serbian

Refija GARIBOVIĆ

Tutin

26/06/2006

14/11/2007

57541/13

02/09/2013

Harun ČALAKOVIĆ

06/10/1952

Serbian

Refija GARIBOVIĆ

Tutin

26/06/2006

31/10/2007

57721/13

02/09/2013

Metko PUŠIĆ

06/03/1955

Serbian

Refija GARIBOVIĆ

Tutin

04/07/2006

14/11/2007

58172/13

03/09/2013

Enisa LUKIĆ HADŽIBULIĆ

24/08/1963

Serbian

Ramiza PALJEVAC EMROVIĆ

Novi Pazar

10/06/2003

16/09/2003

58190/13

29/08/2013

Nusret BEJTOVIĆ

21/09/1957

Serbian

Nataša MIJALJEVIĆ

Tutin

26/06/2006

14/11/2007

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