ŽIVKOVIĆ AND OTHERS v. SERBIA
Doc ref: 62750/13, 62878/13, 62892/13, 62905/13, 63096/13, 63098/13, 63102/13, 63105/13, 64140/13, 64144/13, ... • ECHR ID: 001-145237
Document date: May 27, 2014
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THIRD SECTION
DECISION
Application no . 62750/13 Zoran ŽIVKOVIĆ against Serbia and 23 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 19 and 27 September 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 details ar e set out in the appended table . They are all represented by Mr S. Protić and Mr M. Protić, lawyers practising in Belgrade. The Serbian Government (“the Government”) were represen ted by their Agent, Ms V. Rodić .
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State ’ s failure to enforce final court decisions rendered in their favour against a socially/State-owned compan y . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 21 January 201 4 and 14 March 201 4 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 is 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 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
nationality
Final domestic decision details
Enforcement order details
62750/13
25/09/2013
Zoran ŽIVKOVIĆ
17/02/1971
Serbian
Belgrade
28/05/2007
07/10/2011
62878/13
25/09/2013
Aleksandar KRAGIĆ
29/12/1976
Serbian
Belgrade
24/12/2007
05/07/2011
62892/13
25/09/2013
Višnja KOCIJAN
31/10/1963
Serbian
Belgrade
24/12/2007
20/07/2011
62905/13
25/09/2013
Milanka CVIJETIĆ
08/11/1961
Serbian
Belgrade
10/10/2007
08/01/2009
63096/13
25/09/2013
Dragan STOJANOVIĆ
07/03/1963
Serbian
Belgrade
10/10/2007
08/01/2009
63098/13
25/09/2013
Nataša ĐORĐEVIĆ
30/08/1960
Serbian
Belgrade
08/02/2008
01/10/2008
63102/13
19/09/2013
Zoran POPOVIĆ
24/01/1950
Serbian
Belgrade
24/12/2007
11/11/2008
63105/13
25/09/2013
Zoran STANKOVIĆ
10/03/1966
Serbian
Belgrade
30/01/2008
02/09/2011
64140/13
19/09/2013
Aleksandar BULATOVIĆ
24/09/1949
Serbian
Belgrade
24/12/2007
11/11/2008
64144/13
19/09/2013
Viktor STOJADINOVIĆ
17/12/1982
Serbian
Belgrade
24/12/2007
15/12/2011
64280/13
19/09/2013
Miro RADIĆ
11/11/1959
Serbian
Belgrade
29/10/2007
12/07/2011
64283/13
19/09/2013
Mirko MARIČIĆ
30/03/1979
Serbian
Belgrade
29/10/2007
12/07/2011
64288/13
19/09/2013
Milan RAJKOVIĆ
10/05/1947
Serbian
Belgrade
29/10/2007
12/07/2011
64708/13
19/09/2013
Blagoje TRAJKOVIĆ
14/03/1955
Serbian
Belgrade
28/11/2007
20/07/2011
64722/13
19/09/2013
Nadežda NOVAKOVIĆ
06/09/1948
Serbian
Belgrade
06/09/2007
21/02/2008
64728/13
19/09/2013
Damnjan JOVANOVIĆ
14/07/1949
Serbian
Belgrade
06/09/2007
21/02/2008
64731/13
19/09/2013
Gordana SAVIĆ
03/05/1952
Serbian
Belgrade
06/09/2007
21/02/2008
64739/13
19/09/2013
Zoran VUKOVIĆ
29/12/1961
Serbian
Belgrade
06/09/2007
18/04/2008
64821/13
19/09/2013
Mihailo LEVIN
23/05/1956
Serbian
Belgrade
06/09/2007
18/04/2008
64825/13
19/09/2013
Branislav JOVANOVIĆ
18/06/1969
Serbian
Belgrade
06/09/2007
18/04/2008
64828/13
19/09/2013
Milija VASIĆ
25/11/1963
Serbian
Belgrade
06/09/2007
18/04/2008
68418/13
27/09/2013
Zlatiborka ZUVIĆ
23/02/1954
Serbian
Belgrade
17/01/2008
15/12/2011
68640/13
25/09/2013
Milunka LUKIĆ
08/09/1958
Serbian
Belgrade
10/10/2007
08/01/2009
69564/13
25/09/2013
Jerina JEŠIĆ
12/07/1964
Serbian
Belgrade
10/10/2007
08/01/2009