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MILETIĆ AND OTHERS v. SERBIA

Doc ref: 44211/12, 45967/12, 55641/12, 57784/12, 57795/12, 58086/12, 60306/12, 64155/12, 64845/12, 67246/12, ... • ECHR ID: 001-145102

Document date: May 27, 2014

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Cited paragraphs: 0
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Outbound citations: 9

MILETIĆ AND OTHERS v. SERBIA

Doc ref: 44211/12, 45967/12, 55641/12, 57784/12, 57795/12, 58086/12, 60306/12, 64155/12, 64845/12, 67246/12, ... • ECHR ID: 001-145102

Document date: May 27, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 44211/12 Milanka MILETIĆ v. Serbia and 19 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 3 July 2012 and 15 May 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 4 October 2013 and 6 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 (per applicant and not per application) 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 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

APPENDIX

No.

Application

no. and date of introduction

Applicant name

date of birth

nationality

Represented by

Final domestic decision details

Enforcement order details

44211/12

03/07/2012

Milanka MILETIĆ

18/05/1952

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

P1. 853/04 of 11 November 2004

Municipal Court in Novi Pazar

I. 1990/2005 of 30/01/2006

45967/12

12/07/2012

Viktorija BOŽOVIĆ

09/07/1957

Serbian

Ranka PANTOVIĆ

Municipal Court in Novi Pazar

P1. 101/02 of 13 December 2002

Municipal Court in Novi Pazar

I.152/03 of 06/03/2003

55641/12

24/08/2012

Fatima TOTIĆ

24/05/1961

Serbian

Ramiza ĆOROVIĆ

Municipal Court in Novi Pazar

P1. 679/08 of 27 October 2009

Court of First Instance in Novi Pazar

19 I. 2247/11 of 8/12/2011

57784/12

27/08/2012

Nerandža PETROVIĆ

03/12/1962

Serbian

Mehmed HOT

Municipal Court in Novi Pazar

P1. 633/04 of 4 February 2005

Municipal Court in Novi Pazar

I. 304/06 of 12/04/2006

57795/12

30/08/2012

Jovanka BUGARIĆ

25/10/1947

Serbian

Mehmed HOT

Municipal Court in Novi Pazar

P1. 596/04 of 1 September 2004

Municipal Court in Novi Pazar

I. 1419/06 of 27/10/2006

58086/12

30/08/2012

Milanka MIJAILOVIĆ

26/09/1956

Serbian

Mehmed HOT

Municipal Court in Novi Pazar

P1. 700/04 of 1 September 2004

Municipal Court in Novi Pazar

I. 307/06 of 3/04/2006

60306/12

14/09/2012

Ivana MIJAILOVIĆ

18/07/1962

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

1. P1. 540/06 of 10 November 2006

2. P1. 95/07 of 11 May 2007

Municipal Court in Novi Pazar

1. I. 150/07 of 26/02/2007

2. I.1291/07 of 20/06/2007

64155/12

27/09/2012

Dragica ĐOŠIĆ

07/03/1955

Serbian

Vladan PANTOVIĆ

Municipal Court in Novi Pazar

1. P1. 220/01 of 24 September 2002

2. P1. 181/05 of 22 June 2005

Municipal Court in Novi Pazar

1. I. 809/02 of 8/11/2007

2. I. 1126/05 of 14/09/2005

64845/12

28/09/2012

Mahija MAVRIĆ

27/02/1957

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

1. P1. 451/04 od 2 July 2007

2. P1. 458/05 of 22 November 2005

3. P1. 743/06 of 28 August 2006

Municipal Court in Novi Pazar

1. I. 3/07 of 20 /07/2007

2. I. 370/06 of 20/04/2006

3. I. 1208/07 of 04/06/2007

67246/12

05/10/2012

Selva LOTINAC

12/05/1954

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

1. P1. 876/04 of 5 January 2005

2. P1. 495/06 of 30 March 2006

Municipal Court in Novi Pazar

1. I. 1282/05 of 27/12/2005

2. I. 1174/06 of 29/08/2006

67378/12

10/10/2012

Fadila GICIĆ

28/02/1954

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

P1. 441/02 of 22 October 2003

P1. 668/05 of 7 December 2012

Municipal Court in Novi Pazar

I. 1082/03 of 22/12/2003

I. 528/06 of 15/05/2006

76841/12

09/11/2012

Jasmina GAVRILOVIĆ

02/06/1980

Serbian

Municipal Court in Bosilegrad

P1. 8/07 of 28 April 2007

The applicant is an heir of the plaintiff in that case pursuant to the Bosilegrad Municipal Court ’ s decision no. O. 11/08 of 28 February 2008

Municipal Court in Vranje

I.1703/07 of 5/08/2008

76842/12

09/11/2012

Jasmina GAVRILOVIĆ

02/06/1980

Serbian

Municipal Court in Bosilegrad

P1. 9/07 of 28 April 2007

The applicant is an heir of the plaintiff in that case pursuant to the Bosilegrad Municipal Court ’ s decision no. O. 11/08 of 28 February 2008

Municipal Court in Vranje

I. 313/08 of 31/03/2008

5937/13

24/12/2012

Munirka BIHORAC

25/10/1952

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

1. P1. 844/04 of 29 September 2004

2. P1. 404/06 of 24 May 2006

Municipal Court in Novi Pazar

1. I.1995/05 of 30/01/2006

2. I. 1239/06 of 31/07/2006

5944/13

24/12/2012

Razija Å KRIJELJ (LIERMANN)

12/12/1966

Serbian

Ismet KALIĆ

Municipal Court in Novi Pazar

P1.442/04 of 4 November 2004

Municipal Court in Novi Pazar

I. 1266/05 of 27/12/2005

16960/13

27/02/2013

Mujesira ČALAKOVIĆ

29/05/1963

Serbian

Emir FETAHOVIĆ

Municipal Court in Tutin

P.332/02 of 10 December 2002

Municipal Court in Novi Pazar

I.11/03 of 28/01/2003

20690/13

15/03/2013

Jasmina Å KRIJELJ

12/02/1962

Serbian

Ramiza ĆOROVIĆ

Court of First Instance in Novi Pazar

14 P1. 291/11 of 8 Dcember 2011

Court of First Instance in Novi Pazar

20 I. 105/12 of 20/01/2012

26817/13

04/04/2013

Vujica MILOSAVLJEVIĆ

17/05/1947

Serbian

Slobodan PETROVIĆ

Municipal Court in Vladičin Han

1. P. 294/03 of 10 June 2003

2. P. 1453/03 of 4 February 2004

3. P. 107/05 of 21 February 2005

Municipal Court in Vladičin Han

1. I. 393/03 of 6/10/2003

2. I. 383/04 of 26/03/2004

3. I. 2007/05 of 21/03/2005

31385/13

23/04/2013

Slavica PEJIĆ

04/11/1957

Serbian

Slobodan PETROVIĆ

Municipal Court in Vladičin Han

1. P. 837/03 of 22 October 2003

2. P. 1390/03 of 23 March 2004

Municipal Court in Vladičin Han

1. I. 818/03 of 22/12/2003

2. I. 610/04 of 21/05/2004

42442/13

15/05/2013

Nusret BEKTOVIĆ

24/04/1960

Serbian

Refija GARIBOVIĆ

Municipal Court in Novi Pazar

P1. 494/08 of 3 September 2008

Court of First Instance in Novi Pazar

I. 865/11 of 13 June 2011

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