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KORENČAN AND OTHERS v. SERBIA

Doc ref: 6132/12;66586/12;49802/13;50081/13;50103/13;50116/13;50123/13;50128/13;50211/13;50785/13;50880/13 • ECHR ID: 001-144341

Document date: April 15, 2014

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KORENČAN AND OTHERS v. SERBIA

Doc ref: 6132/12;66586/12;49802/13;50081/13;50103/13;50116/13;50123/13;50128/13;50211/13;50785/13;50880/13 • ECHR ID: 001-144341

Document date: April 15, 2014

Cited paragraphs only

THIRD SECTION

DECISION

This version was rectified on 2 September 20 14 under Rule 81 of the Rules of Court .

Application no . 6132/12 Jovica KORENÄŒAN v. Serbia and 10 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 7 December 2011 and 1 August 2013,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

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, Ms V. Rodić .

Relying on various Articles of the Convention , the applicants complained about the respondent State ’ s failure to enforce final court decisions rendered in their favour against different socially/State-owned companies . The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 7 October 2013 and 16 January 2014 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 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 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

Represented by

Final domestic decision details

(the seat of the relevant court and the date of the decision )

The date of the e nforcement order

6132/12

07/12/2011

Jovica KORENÄŒAN

27/06/1963

Serbian

Ramiza PALJEVAC EMROVIĆ

Novi Pazar

1. 21/11/2002

2. 18 /08/2004

3. 22 /09/2005

4. 04 /04/2006

5. 27/06/2007

1. 24 /01/2003

2. 18 /10/2004

3. 02/06/ 2006

4. 15/07/2007

5. 24/09/2007

66586/12

09/10/2012

Osman PALAMAR

21/05/1963

Serbian

Ismet KALIĆ

Novi Pazar

18/12/2007

11/09/2012

49802/13

19/06/2013

Enes NOVALIĆ

27/03/1962

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 17/09/2003

2. 07/12/2005

3. 08/06/2006

1. 03/11/2003

2. 18/05/2006

3. 15/09/2007

50081/13

28/05/2013

Muradija GOÅ EVAC

13/05/1962

Serbian

Vesna CUKAVAC

Novi Pazar

13/12/2002

6/05/2004

13/11/2007

50103/13

26/07/2013

Safeta ISLAMOVIĆ

12/06/1960

Serbian

Rodoljub MARINKOVIĆ

Novi Pazar

03/02/2009

10/11/2011

50116/13

10/07/2013

Feho ZEĆOVIĆ

09/11/1963

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 27/05/2003

2. 27/01/2006

3. 23/06/2006

1. 08/08/2003

2. 20/06/2006

3. 15/09/2006

50123/13

10/07/2013

Sabira ČEKRLIJA MIRALJEMOVIĆ

28/05/1958

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 26/05/2004

2. 29/09/2005

3. 03/05/2006

1. 25/10/2004

2. 14/02/2006

3. 02/07/2007

50128/13

10/07/2013

Hajra MURIĆ DERDEMEZ

10/02/1960

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 25/10/2004

2.18/04/2006

3. 3 0/03/2007 [1]

1. 27/12/2005

2. 29 /0 8 /2006 [2]

3. 16 /07/2007 [3]

50211/13

30/04/2013

Radojko JOKOVIĆ

05/03/1964

Serbian

Naser EJUPOVIĆ

Novi Pazar

1. 14/04/2004

2. 6/03/2006

3. 13/03/2007

1.10/06/2004

2. 5/06/2006

3. 5/10/2007

50785/13

18/06/2013

Ljutvija HOT

13/01/1957

Serbian

Hasim KLIMENTA

Tutin

10/12/2002

27/01/2003

50880/13

01/08/2013

Radoje MILOŠEVIĆ

15/05/1952

Serbian

Vladan PANTOVIĆ

Novi Pazar

1. 25/03/2008

2. 5/11/2008

30/04/2012

[1] Rectified on 9 September 2014: the date 20/03/2007 has been replaced by the date 30/03/2007

[2] Rectified on 9 September 2014: the date 12/05/2006 has been replaced by the date 29/08/2006

[3] Rectified on 9 September 2014: the date 02/07/2007 has been replaced by the date 16/07/2007

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