JANKOVIĆ AND OTHERS v. SERBIA
Doc ref: 54275/12, 77714/12, 11325/13, 11808/13, 11822/13, 12167/13, 12977/13, 13007/13, 13034/13, 14839/13, ... • ECHR ID: 001-144372
Document date: April 15, 2014
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THIRD SECTION
DECISION
Application no . 54275/12 Ljubiša JANKOVIĆ against Serbia and 32 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 15 April 2014 as a C ommittee 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 15 June 20 12 and 17 April 201 3 ,
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 appendix. They are all represented before the Court by Ms S. Jokić, a lawyer practising in Čačak.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicants essentially complain about the failure by the national authorities to enforce final court decisions rendered in their favour against the same socially/State-owned company . This complaint falls to be examined under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention.
All the applicants, except the applicant Blagomir Jekić, application no. 11822/13, have also obtained decisions of the Constitutional Court according to which the Constitutional Court held that the applicants had suffered a breach of their constitutional rights, awarded them certain sums as compensation for non-pecuniary damage and ordered the competent courts to bring the impugned enforcement proceedings to a conclusion as soon as possible. However, the final court judgments rendered in the applicants ’ favour have yet to be enforced.
The essential information as to the domestic proceedings in respect of each application is indicated in the append ix .
Between 18 November 2013 and 9 January 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) , less any amounts which may have already been paid on the basis of the relevant Constitutional Court ’ s decision , 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 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 applications 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 s
Enforcement order details
Constitutional Court decision details, amount awarded as a compensation for non-pecuniary damage
54275/12
15/06/2012
Ljubiša JANKOVIĆ
14/09/1951
Serbian
Snežana JOKIĆ
Čačak
20 October 2008
9 October 2009
Už-1708/2010 of 1 March 2012
200 Euros
77714/12
19/11/2012
Rade JOVANČEVIĆ
15/09/1950
Serbian
Snežana JOKIĆ
Čačak
2 October 2008
27 August 2009
Už-1713/2010 of 18 October 2012
300 Euros
11325/13
01/02/2013
Milisav MILUTINOVIĆ
08/11/1941
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
11808/13
07/02/2013
Zoran VUČIĆEVIĆ
15/06/1962
Serbian
Snežana JOKIĆ
Čačak
21 February 2006
21 August 2006
Už-1386/2010 of 17 October 2012
600 Euros
11822/13
01/02/2013
Blagomir JEKIĆ
06/10/1942
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
/
12167/13
05/02/2013
Stojanka ZEKAVICA
22/09/1947
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
12977/13
28/01/2013
Mira ZOĆEVIĆ
01/11/1956
Serbian
Snežana JOKIĆ
Čačak
21 February 2006
21 August 2006
Už-1386/2010 of 17 October 2012
600 Euros
13007/13
05/02/2013
Dragomir VASILIĆ
14/08/1949
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
13034/13
28/01/2013
Milunka STOJANOVIĆ
11/04/1955
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 May 2009
Už-1632/2010 of 15 November 2012
400 Euros
14839/13
28/01/2013
Stanija OBUĆINA
09/09/1950
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
14843/13
28/01/2013
Duško ĆERIMAN
12/12/1976
Serbian
Snežana JOKIĆ
Čačak
21 February 2006
21 August 2006
Už-1386/2010 of 17 October 2012
600 Euros
14856/13
28/01/2013
Jela BRALUŠIĆ
25/02/1952
Serbian
Snežana JOKIĆ
Čačak
21 February 2006
21 August 2006
Už-1386/2010 of 17 October 2012
600 Euros
14889/13
28/01/2013
Rade PEŠIĆ
16/02/1962
Serbian
Snežana JOKIĆ
Čačak
21 February 2006
21 August 2006
Už-1386/2010 of 17 October 2012
600 Euros
15069/13
28/01/2013
Milojko ĐOKOVIĆ
10/10/1954
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
15072/13
28/01/2013
Andrija AVIĆ
19/09/1963
Serbian
Snežana JOKIĆ
Čačak
25 June 2008
17 September 2008
Už-1453/2010 of 10 October 2012
400 Euros
15165/13
31/01/2013
Veroljub BODIĆ
18/10/1958
Serbian
Snežana JOKIĆ
Čačak
2 October 2008
27 August 2009
Už-1713/2010 of 18 October 2012
300 Euros
16872/13
25/02/2013
Milan RADOJKOVIĆ
22/10/1960
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
16876/13
25/02/2013
Milenko PETROVIĆ
17/05/1965
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
27 October 2008
5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
17464/13
21/02/2013
Vera RADIVOJEVIĆ
07/09/1964
Serbian
Snežana JOKIĆ
Čačak
28 February 2008
4 November 2008
Už-1703/2010 of 10 October 2012
400 Euros
17465/13
21/02/2013
Slobodan STOJKOVIĆ
22/02/1964
Serbian
Snežana JOKIĆ
Čačak
2 October 2008
27 August 2009
Už-1713/2010 of 18 October 2012
300 Euros
17559/13
21/02/2013
Katarina ERIĆ
11/07/1966
Serbian
Snežana JOKIĆ
Čačak
2 October 2008
27 August 2009
Už-1713/2010 of 18 October 2012
300 Euros
18291/13
28/01/2013
Dragiša MILISAVLJEVIĆ
21/08/1962
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
20136/13
04/03/2013
Mihailo GRUJOVIĆ
15/08/1949
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
20187/13
19/02/2013
Gordana MIĆOVIĆ
09/11/1954
Serbian
Snežana JOKIĆ
Čačak
21 February 2008
1. 27 October 2008
2. 5 March 2009
Už-1632/2010 of 15 November 2012
400 Euros
25404/13
04/03/2013
Božidar NOVAKOVIĆ
16/12/1947
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
25446/13
04/03/2013
Branimir RADIVOJEVIĆ
11/05/1950
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
25451/13
04/03/2013
Predrag BAJIĆ
15/04/1949
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
29262/13
15/04/2013
Milica SUBOTIĆ
24/06/1951
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
29267/13
15/04/2013
Tatjana RADOVANOVIĆ
28/04/1948
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
31750/13
17/04/2013
Miodrag PAJOVIĆ
28/12/1948
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
31752/13
17/04/2013
Biljana VUČIĆEVIĆ
12/12/1962
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
31961/13
17/04/2013
Zlatko STRIKOVIĆ
02/06/1965
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros
31965/13
17/04/2013
Ljubica VOJVODIĆ
26/01/1948
Serbian
Snežana JOKIĆ
Čačak
17 November 2006
1. 19 November 2007
2. 26 December 2008
3. 15 April 2009
Už-1746/2010 of 18 October 2012
500 Euros