THIRD SECTION

DECISION

Application no . 52954/12 Sabaheta HUSOVIĆ PLJAKIĆ against Serbia and 3 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 9 August 2012 and 1 April 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 are set out in the appended table. They were all represented by Ms R. Paljevac-Emrović, a lawyer practising in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent, M s V. Rodi ć.

Relying on Articles 6 and 13 of the Conventio n 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 30 September 2013 and 10 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 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

place of residence

nationality

Final domestic decision details

Enforcement order details

52954/12

09/08/2012

Sabaheta HUSOVIĆ PLJAKIĆ

09/06/1958

Serbian

The Municipal Court in Novi Pazar

1. P1.no.270/04 of 12 May 2004

2. P1.no.388/05 of 30 September 2005

The Municipal Court in Novi Pazar

1. I.no.716/04 of 6 October 2004

2. I.no.101/06 14 February 2006

8217/13

18/01/2013

Danica KOMARAC

06/04/1968

Serbian

The Municipal Court in Novi Pazar

P1.no.647/04 of 17 March 2005

The Municipal Court in Novi Pazar

I.no.1818/07 of 2 November 2007

8645/13

18/01/2013

Julija KOMARAC

05/01/1973

Serbian

The Municipal Court (Opštinski sud) in Novi Pazar

P1.no.647/04 of 17 March 2005

The Municipal Court in Novi Pazar

I.no.1817/07 of 28 November 2007

27885/13

01/04/2013

Sabaheta MEHOVIĆ HODŽIĆ

16/01/1965

Serbian

The Municipal Court in Novi Pazar

P1.no.113/03 of 18 April 2003

The Municipal Court in Novi Pazar

I.no.793/03 of 24 September 2003