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OSMANOVIĆ AND OTHERS v. SERBIA

Doc ref: 69514/11;6844/12;52956/12;57246/12;59866/12;60124/12;67866/12;1526/13;11545/13;49180/13 • ECHR ID: 001-145089

Document date: May 27, 2014

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 8

OSMANOVIĆ AND OTHERS v. SERBIA

Doc ref: 69514/11;6844/12;52956/12;57246/12;59866/12;60124/12;67866/12;1526/13;11545/13;49180/13 • ECHR ID: 001-145089

Document date: May 27, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 69514/11 Nusreta OSMANOVIĆ against Serbia and 9 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 27 May 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 9 July 201 1 and 1 0 December 201 2 ,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants ’ personal details are set out in the appended table. They were repr esented by Ms. R . Garibo vić, a lawyer practising in Novi Pazar. 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 19 September 2013 and 3 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 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

Final domestic decision details

Enforcement order details

69514/11

19/07/2011

Nusreta OSMANOVIĆ

18/02/1952

Serbian

Municipal Court in Novi Pazar

1.P1.323/03 of 16/09/2003

2.P1.543/05 of 03/10/2005

3.P1.647/06 of 04/10/2006

4.P1.314/07 of 31/08/2007

Municipal Court in Novi Pazar

1. I.962/03 of 24/11/2003

2. I.465/06 of 11/05/2006

3. I.272/07 of 19/03/2007

4. I.1617/07 of 10/10/2007

6844/12

20/12/2011

Ismet MAVRIĆ

25/04/1955

Serbian

Municipal Court in Novi Pazar

1.P1.314/00 of 22/09/2000

2.P1.24/01 of 19/07/2001

3.P1.206/04 of 19 /04 2004

4.P1.361/05 of 28/09/2005

5.P1.574/08 of 12/11/2008

Municipal Court in Novi Pazar

1. I.673/02 of 25/11/2002

2. I.19 26 /07 of 10/12/2007

3. I. 522/04 of 07/07/2004

4. I. 95/06 of 14/02/2006

Court of First I nstance in Novi Pazar

5. I. 2251/11 of 08/12/2011

52956/12

09/08/2012

Senada REBRONJA

27/02/1964

Serbian

Municipal Court in Novi Pazar

1. P1. 157/03 of 8 December 2003

2. P1. 109/04 of 29 March 2003

3. P1. 930/0 4 24 February 2005

4. P1. 397/06 of 21/06/2006

397/06 of 10/07/2006

397/06 of 21/06/2006

5. P1. 941/06 of 28/11/2006

Municipal Court in Novi Pazar

1. I. 282/04 of 10/05/2004

2. I. 299/04 of 7/07/2004

3. I. 608/05 of 21/06/2005

4. I. 1098/06 of 15/08/2006

5. I . 1847/06 of 29/12/2006

57246/12

30/08/2012

Samir LIÄŒINA

13/01/1967

Serbian

Municipal Court in Novi Pazar

1. P1. 26 2 /04 of 24 May 2005

2. P1. 1047/04 of 23 November 2004

3. P1. 159/06 of 20/03/2006

4. P1. 283/07 of 23 October 2007

Municipal Court in Novi Pazar

1. I. 585/04 of 8/07/2004

2. I . 887/05 of 26/09/2005

I.59/07 of 13/02/2007

3. I. 989/06 of 7/07/2006

4. I. 2328/12 of 13/08/2012

59866/12

10/09/2012

Slavoljub VIDOJEVIĆ

02/03/1960

Serbian

Municipal Court in Novi Pazar

1. P1. 542/04 of 23 September 2004

2. P1. 542/04 of 27 October 2004

3. P1 542/04 of 4 October 2004

4. P1 134/05 of 6 April 2005

5. P1. 228/06 of 1 April 2006

6. P1. 1066/06 of 29/12/2006

Municipal Court in Novi Pazar

1&2. I. 1035/04 of 26/11/2004

3. I. 66/05 of 22/02/2005

4. I. 1150/05 of 28/04/2006

5. I. 1436/06 of 6/11/2006

6. I. 70/07 of 10/02/2007

60124/12

10/09/2012

Ramka REDŽEPOVIĆ

17/12/1967

Serbian

Municipal Court in Novi Pazar

1. P1 155/03 of 8 July 2003

2. P1. 509/03 of 9 March 2004

3. P1. 524/04 of 13 October 2004

4. P1. 156/05 of 26 April 2005

5. P1.499/05 of 4 October 2005

Municipal Court in Novi Pazar

1. I. 702/03 of 4/0 8 /2003

I. 702/03 of 25/10/2007

2. I. 273/04 of 10/05/2004

3. I.214/05 of 11/04/2005

I. 1002/2005 of 26/06/2005

4. I. 1149/05 of 1/11/2007

5. I. 170/06 of 16/02/2006

67866/12

17/10/2012

Ramiz FERIZOVIĆ

01/05/1955

Serbian

Municipal Court in Novi Pazar

1. P1. 187/01 of 25 December 2001

2. P1. 90/03 of 10 December 2003

3. P1. 203/05 of 11 October 2005

Municipal Court in Novi Pazar

1&2. I. 486/04 of 15/06/2004

3. I. 2313/12 of 20/08/2012

1526/13

10/12/2012

Miljhata GRIŠEVIĆ

26/10/1960

Serbian

Municipal Court in Novi Pazar

P1 .1061/06 of 22 November 2006

Municipal Court in Novi Pazar

I. 1706/06 of 20/12/2006

11545/13

27/09/2012

Sabaheta GLOGIĆ

15/07/1959

Serbian

Municipal Court in Novi Pazar

P1. 468/08 of 8 July 2008

Court of First Instance in Novi Pazar

20 I.1028/11 of 29/06/2011

49180/13

30/08/2012

Avdulah MAVRIĆ

05/02/1962

Serbian

Municipal Court in Novi Pazar

P1. 239/07 of 09 July 2007

Municipal Court in Novi Pazar

I.1592/07 of 15/10/2007

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