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JOVANOVIĆ AND OTHERS v. SERBIA
Doc ref: 40067/12;54238/12;54276/12;17706/13;21254/13;21260/13;21266/13;23328/13;25929/13;28864/13 • ECHR ID: 001-142330
Document date: March 7, 2014
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- Outbound citations: 10
JOVANOVIĆ AND OTHERS v. SERBIA
Doc ref: 40067/12;54238/12;54276/12;17706/13;21254/13;21260/13;21266/13;23328/13;25929/13;28864/13 • ECHR ID: 001-142330
Document date: March 7, 2014
Cited paragraphs only
THIRD SECTION
DECISION
Application no . 40067/12 Milevka JOVANOVIĆ against Serbia and 9 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 7 March 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 15 June 2012 and 12 April 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 details are set out in the appended table. 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 .
Without invoking any Article of the Convention , the applicants complained about the respondent State ’ s failure to enforce final court decisions rendered in their favour against the same socially/State-owned company. The applicants also obtained decisions of the Constitutional Court of Serbia 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 under consideration in this case remain unenforced to the present day. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 18 October 2013 and 20 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) 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 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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 Šikuta Deputy Registra r President
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
place of residence
nationality
Final dom estic decision details
Enforcement order details
Constitutional Court decision details, amount awarded as a compensation for non-pecuniary damage
40067/12
15/06/2012
Milevka JOVANOVIĆ
02/06/1946
Serbian
Municipal Court in Čačak
P1.br.68/2008 of 20 October 2008
Municipal Court in Čačak
I.br.1415/09 of 9/10/2009
Už-1708/10 of 1 March 2012
200 Euros
54238/12
15/06/2012
Dragica MARKOVIĆ
08/09/1961
Serbian
Municipal Court in Čačak
P. 68/08 of 20 October 2008
Municipal Court in Čačak
I. 1415/09 of 09/10/2009
Už-1708/10 of 1 March 2012
200 Euros
54276/12
15/06/2012
Dušanka ŠKILJEVIĆ
15/06/1951
Serbian
Municipal Court in Čačak
P1.br.68/2008 of 20 October 2008
Municipal Court in Čačak
I.br.1415/09 of 9/10/2009
Už-1708/10 of 1 March 2012
200 Euros
17706/13
21/02/2013
Radmila BOROVIĆ
30/12/1949
Serbian
Municipal Court in Čačak
P.1.834/07 of 26 December 2008
Municipal Court in Čačak
I.1361/09 of 29/09/2009
Už-1748/10 of 27 October 2012
300 Euros
21254/13
21/02/2013
Gordana DRAGIĆEVIĆ
08/04/1970
Serbian
Municipal Court in Čačak
P.1.834/07 of 26 December 2008
Municipal Court in Čačak
I.1361/09 of 29/09/2009
Už-1748/10 of 31 October 2012
300 Euros
21260/13
21/02/2013
Dragiša KOJOVIĆ
27/12/1968
Serbian
Municipal Court in Čačak
P.1.834/07 of 26 December 2008
Municipal Court in Čačak
I.1361/09 of 29/09/2009
Už-1748/10 of 31 October 2012
300 Euros
21266/13
21/02/2013
Momčilo RADOVIĆ
17/04/1945
Serbian
Municipal Court in Čačak
P.1.834/07 of 26 December 2008
Municipal Court in Čačak
I.1361/09 of 29/09/2009
Už-1748/10 of 31 October 2012
300 Euros
23328/13
28/03/2013
Vesna POPOVIĆ
19/05/1962
Serbian
Municipal Court in Čačak
P.1.1308/05 of 20 March 2006
Municipal Court in Čačak
I.3075/06 of 25/08/2006
Už-1702/10 of 12 December 2012
600 Euros
25929/13
02/04/2013
Nadežda SIMOVIĆ
09/01/1957
Serbian
Municipal Court in Čačak
P.1.1308/05 of 20 March 2006
Municipal Court in Čačak
I.3075/06 of 25/08/2006
Už-1702/10 of 12 December 2012
600 Euros
28864/13
12/04/2013
Slavica VIĆOVIĆ
27/09/1953
Serbian
Municipal Court in Čačak
P.1.1308/05 of 20 March 2006
Municipal Court in Čačak
I.3075/06 of 25/08/2006
Už-1702/10 of 12 December 2012
600 Euros
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