PAJOVIĆ MILANOVIĆ AND OTHERS v. SERBIA
Doc ref: 60965/12, 63472/12, 63575/12, 63578/12, 70604/12, 70973/12, 70977/12, 71109/12, 74682/12, 77239/12, ... • ECHR ID: 001-144374
Document date: April 15, 2014
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THIRD SECTION
DECISION
Application no . 60965/12 Gordana PAJOVIĆ MILANOVIĆ against Serbia and 16 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 18 September 2012 and 26 March 2013,
Having regard to the formal declarations accepting a friendly settlement of the case s ,
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 Mr S. Milanović , a lawyer practising in Novi Pazar . The Serbian Government (“the Government”) were represented 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 socially/State-owned co mpanies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 2 October 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 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 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 cases 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
60965/12
18/09/2012
Gordana PAJOVIĆ MILANOVIĆ
25/08/1966
Serbian
The Municipal Court in Novi Pazar
P1.no.512/04 of 24 September 2004
The Municipal Court in Novi Pazar
I.no.714/06 of 26 July 2006
63472/12
26/09/2012
Ranka PAJOVIĆ
27/04/1958
Serbian
The Municipal Court in Novi Pazar
1. P1.no.449/04 of 29 June 2004
2. P1.no.720/06 of 3 May 2006
The Municipal Court in Novi Pazar
1. I.no.797/04 of 6 October 2004
2. I.no.1398/06 of 25 October 2006
63575/12
19/09/2012
Ismeta RAMIČEVIĆ
13/04/1959
Serbian
The Municipal Court in Novi Pazar
1. P1.no.415/04 of 22 September 2004
2. P1.no.1179/06 of 18 April 2007
The Court of First Instance in Novi Pazar
11-P1.no.148/11 of 6 May 2011
The Municipal Court in Novi Pazar
1. I.no.695/06 of 26 July 2006
2. I.no.50/2008 of 21 January 2008
The Court of First instance in Novi Pazar
20-I.no.1166/2011 of 16 August 2011
63578/12
19/09/2012
Julijana JANJOVIĆ
20/03/1962
Serbian
The Municipal Court in Novi Pazar
P1.no.377/04 of 24 September 2004
The Municipal Court in Novi Pazar
I.no.694/06 of 26 July 2006
70604/12
18/10/2012
Muamera ĐUKIĆ
14/04/1963
Serbian
The Municipal Court in Novi Pazar
1. P1.no.551/04 of 9 July 2004
2. P1.no.49/07 of 26 April 2007
The Municipal Court in Novi Pazar
1. I.no.703/05 of 23 June 2005
2. I.no.78/2008 of 29 January 2008
70973/12
29/10/2012
Desanka BALOVIĆ
02/09/1959
Serbian
The Municipal Court in Novi Pazar
1. P1.no.413/04 of 24 September 2004
2. P1.no.472/07 of 18 September 2007
The Municipal Court in Novi Pazar
I.no.704/2006 of 22 May 2006
The Court of First instance in Novi Pazar
19-I.no.2471/2011 of 21 December 2011
70977/12
29/10/2012
Milanka VUKOMANOVIĆ
09/08/1960
Serbian
The Municipal Court in Novi Pazar
P1.no.473/07 of 11 February 2008
The Court of First instance in Novi Pazar
19-I.no.2517/2011 of 28 December 2011
71109/12
01/11/2012
Fadil RAMIČEVIĆ
26/01/1950
Serbian
The Municipal Court in Novi Pazar
1. P1.no. 280/02 of 13 September 2002
2. P1.no.341/05 of 1 December 2005
The Municipal Court in Novi Pazar
1. I.no.741/2002 of 12 February 2003
2. I.no.848/2006 of 10 October 2006
74682/12
01/11/2012
Slavoljuba PETROVIĆ
08/10/1959
Serbian
The Municipal Court in Novi Pazar
P1.no.394/04 of 19 August 2004
The Municipal Court in Novi Pazar
I.no.899/04 of 5 October 2004
77239/12
14/11/2012
Rešad UGLJANIN
04/01/1951
Serbian
The Municipal Court in Novi Pazar
P1.no.146/03 of 12 February 2004
The Municipal Court in Novi Pazar
I.no.592/04 of 8 July 2004
78083/12
09/11/2012
Radiša JEREMIĆ
05/05/1955
Serbian
The Municipal Court in Novi Pazar
1. P1.no.601/04 of 31 August 2004
2. P1.no.337/05 of 21 September 2005
The Municipal Court in Novi Pazar
1. I.no.719/06 of 10 October 2006
2. I.no.866/06 of 10 October 2006
79382/12
03/12/2012
Ranka MAKOJEVIĆ
26/03/1962
Serbian
The Municipal Court in Novi Pazar
1. P1.no.376/04 of 28 June 2004
2. P1.no.501/07 of 7 July 2008
The Municipal Court in Novi Pazar
I.no.844/04 of 18 October 2004
The Court of First instance in Novi Pazar
19-I.no.3315/2010 of 8 March 2010
2114/13
28/12/2012
Mensur HAJROVIĆ
15/07/1960
Serbian
The Municipal Court in Novi Pazar
1. P1.no.184/02 of 20 June 2002
2. P1.no.604/04 of 4 February 2005
3. P1.no.339/05 of 10 October 2005
The Municipal Court in Novi Pazar
1. I.no.590/04 of 8 July 2004
2. I.no.728/06 of 10 October 2006
3. I.no.1501/07 of 11 September 2007
10831/13
02/02/2013
Ljubodrag ŠĆELOVIĆ
15/08/1951
Serbian
The Municipal Court in Novi Pazar
1. P1.no.433/97 of 23 February 1998
2. P1.no.674/02 of 24 December 2002
3. P1.no.610/04 of 8 October 2004
The Municipal Court in Novi Pazar
1. I.no.781/02 of 29 November 2002
2. I.no.55/03 of 12 February 2003
3. I.no.724/06 of 10 October 2006
18216/13
19/02/2013
Slobodanka VASILJEVIĆ
08/02/2197
Serbian
The Municipal Court in Novi Pazar
P1.no.414/04 of 21 June 2004
The Municipal Court in Novi Pazar
I.no.852/04 of 25 October 2004
18219/13
19/02/2013
Slaviša JOSIFLJEVIĆ
15/10/1974
Serbian
The Municipal Court in Novi Pazar
P1.no.378/04 of 2 September 2004
The Municipal Court in Novi Pazar
I.no.693/06 of 6 June 2006
29055/13
26/03/2013
Salih DETANAC
05/04/1960
Serbian
The Municipal Court in Novi Pazar
P1.no.511/04 of 8 February 2005
The Municipal Court in Novi Pazar
I.no.855/06 of 5 June 2006