VELINOV AND OTHERS v. SERBIA
Doc ref: 7076/12;7191/12;45916/12;67298/12;79340/12;9227/13;14766/13 • ECHR ID: 001-144342
Document date: April 15, 2014
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THIRD SECTION
DECISION
Application no . 7076/12 Slavko VELINOV against Serbia and 6 other applications (see list appended)
The European Court of Human Rights ( Third Section), sitting on 15 April 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 21 October 2011 and 19 February 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 and other relevant details are set out in the appended table. The Serbian Government (“the Government”) were represented by their Agent, M s V. Rodi ć.
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 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 3 December 2013 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 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 r easons, 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
7076/12
21/10/2011
Slavko VELINOV
16/11/1966
Serbian
The Municipal Court in Bosilegrad
1. P1.no.12/08 of 5 March 2008
2. P1.no.13/08 of 5 March 2008
The Municipal Court in Vranje
1. I.no.1053/08 of 30 June 2008
2. I.no.1055/08 of 22 May 2008
7191/12
16/12/2011
Angel ASENOV
01/11/1955
Serbian
The Municipal Court in Bosilegrad
1. P1.260/07 of 30 January 2008
2. P1.no.259/07 of 30 January 2008
The Municipal Court in Vranje
1. I.no.759/08 of 19 May 2008
2. I.no.532/08 of 18 March 2008
45916/12
10/07/2012
Vladimir VASILEV
28/03/1970
Serbian
The Municipal Court in Bosilegrad
P.no.430/03 of 24 September 2003
The Municipal Court in Vranje
I.no.1166/03 of 19 November 2003
67298/12
09/10/2012
Zoran IVANOV
09/09/1969
Serbian
The Municipal Court in Bosilegrad
P.no.233/03 of 4 June 2003
The Municipal Court in Vranje
I.no.978/03 of 2 October 2003
79340/12
30/10/2012
The Municipal Court in Bosilegrad
P1.no.561/03 of 10 November 2003
The Municipal Court in Vranje
I.no.1169/08 of 17 September 2008
9227/13
29/12/2012
Rajka RADOVANOVIĆ
18/10/1964
Serbian
The Municipal Court in Aranđelovac
P.no.1048/03 of 10 February 2004
The Municipal Court in Aranđelovac
I.no.201/09 of 15 April 2009
14766/13
19/02/2013
Sidonka HRISTOVA
07/06/1951
Serbian
The Municipal Court in Bosilegrad
P1.no.86/08 of 25 March 2008
The Municipal Court in Vranje
I.no.1052/08 of 28 May 2008