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POPOVIĆ AND OTHERS v. SERBIA
Doc ref: 53261/12, 53265/12, 55316/12, 56942/12, 56945/12, 59407/12, 59463/12, 79378/12, 79458/12, 79643/12, ... • ECHR ID: 001-145183
Document date: May 27, 2014
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- Cited paragraphs: 0
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- Outbound citations: 5
POPOVIĆ AND OTHERS v. SERBIA
Doc ref: 53261/12, 53265/12, 55316/12, 56942/12, 56945/12, 59407/12, 59463/12, 79378/12, 79458/12, 79643/12, ... • ECHR ID: 001-145183
Document date: May 27, 2014
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 53261/12 Milena POPOVIĆ against Serbia and 1 8 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 13 August 2012 and 14 June 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 socially /State-owned companies . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 20 September 2013 and 9 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
53261/12
13/08/2012
Milena POPOVIĆ
03/12/1955
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.106/09 of 23/09/2009
Court of First Instance in Novi Pazar
I.2039/11 of 18/11/2011
53265/12
15/08/2012
Velibor DIMITRIJEVIĆ
05/03/1957
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.110/09 of 31 March 2009
Court of First Instance in Novi Pazar
I.1979/11 of 10/11/2011
55316/12
22/08/2012
Arsenije PAVLOVIĆ
10/03/1953
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.244/09 of 13/10/2009
Court of First Instance in Novi Pazar
I.1240/11 of 11/07/2011
56942/12
28/08/2012
Radmila VELJOVIĆ
23/07/1959
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar
P1.943/10 of 10/05/2010
Court of First Instance in Novi Pazar
1.I.2132/11 of 25/11/2011
56945/12
28/08/2012
Ruža BIORAC
31/03/1959
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar
P1.942/10 of 02 August 2010
Court of First Instance in Novi Pazar
I.2131/11 of 25/11/2011
59407/12
08/09/2012
Cmiljka RADOVIĆ
28/02/1972
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1. 936 /07 of 14 January 2008
Court of First Instance in Novi Pazar
20 I. 1042/11 of 30/06/2011
59463/12
08/09/2012
Prvoslav MARIĆ
08/02/1957
Serbian
Rodoljub MARINKOVIĆ
Mun i cipal Court in Novi Pazar
P1.155/09 of 13 October 2009
Court of First Instance in Novi Pazar
I.2123/11 of 25/11/2011
79378/12
03/12/2012
Natalija MILANOVIĆ
06/12/1953
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar
P1.309/11 of 01 December 2011
Court of First Instance in Novi Pazar
1.I.28/12 of 12/01/2012
79458/12
04/12/2012
Sretko JANKOVIĆ
01/11/1948
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar
P1.228/10 of 24 February 2010
Court of First Instance in Novi Pazar
I.1231/11 of 11/07/2011
79643/12
28/11/2012
Šefćeta AJDINOVIĆ
10/11/1949
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.406/08 of 28 October 2008
Court of First Instance in Novi Pazar
I.977/11 of 24/06/2011
80189/12
10/12/2012
Radomirka MAKSIMOVIĆ
10/04/1954
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.831/07 of 29 October 2008
Court of First Instance in Novi Pazar
1.I.1016/11 of 29/06/2011
80688/12
14/12/2012
Mihrija HAKIĆ
23/03/1957
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1.1185/04 of 28 February 2005
Municipal Court in Novi Pazar
I.936/11 of 26/09/2005
10135/13
29/01/2013
Atifa SEJDOVIĆ
30/07/1961
Serbian
Rodoljub MARINKOVIĆ
Court of First Instance in Novi Pazar
P1.276/08 of 03 June 2008
Court of First Instance in Novi Pazar
1.I.982/11 of 24/06/2011
15180/13
18/02/2013
Zoran MARKOVIĆ
23/01/1953
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1. 321/11 of 21 February 2012
Court of First Instance in Novi Pazar
I 764/12 of 29/03/2012
30034/13
30/03/2013
Dušimir PETROVIĆ
04/09/1952
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1. 92/09 of 17 August 2009
Court of First Instance in Novi Pazar
I. 1220/11 of 11/07/2011
30280/13
09/04/2013
Vana STEFANOVIĆ
21/10/1963
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1. No. 937/07 of 1 July 2008
Court of First Instance in Novi Pazar
I. No. 985/11 of 24/06/2 011
32268/13
19/04/2013
Dzemila KOLAÅ INAC
10/02/1958
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1. 663/08 of 12 October 2009
Court of First Instance in Novi Pazar
i.2508/11 of 29/12/2011
45247/13
14/06/2013
Nada MILENKOVIĆ
10/01/1949
Serbian
Rodoljub MARINKOVIĆ
Municipal Court in Novi Pazar
P1. 894/07 of 8 July 2008
Court of First Instance in Novi Pazar
I.986/11 of 17/10/2012
45440/13
10/06/2013
Sabaheta IBRAHIMOVIĆ
04/05/1952
Serbian
Refija GARIBOVIĆ
Municipal Court in Novi Pazar
P1.384/07 of 29 November 2007
Court of First Instance in Novi Pazar
20I. 866/2011 of13/06/2011
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