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JAŠAREVIĆ AND OTHERS v. SERBIA

Doc ref: 57351/12, 57353/12, 80896/12, 16940/13, 29082/13, 46970/13, 47332/13, 52427/13, 52429/13, 52607/13, ... • ECHR ID: 001-142340

Document date: March 7, 2014

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JAŠAREVIĆ AND OTHERS v. SERBIA

Doc ref: 57351/12, 57353/12, 80896/12, 16940/13, 29082/13, 46970/13, 47332/13, 52427/13, 52429/13, 52607/13, ... • ECHR ID: 001-142340

Document date: March 7, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 57351/12 Džemail JAŠAREVIĆ against Serbia and 15 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 31 August 2012 and 30 August 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants and their representatives is set out in the appendix.

The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodi ć .

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 ( Raška Holding – u restrukturiranju ) . This complaint falls to be examined under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention.

The essential information as to the domestic proceedings in respect of each application is indicated in the appendix.

Between 17 October 2013 and 31 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 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 Šikuta 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

57351/12

31/08/2012

Džemail JAŠAREVIĆ

29/08/1959

Serbian

Vesna CUKAVAC

Novi Pazar

1 December 2011

30 March 2012

57353/12

31/08/2012

Safeta JAŠAREVIĆ

26/01/1968

Serbian

Vesna CUKAVAC

Novi Pazar

14 February 2012

30 March 2012

80896/12

12/12/2012

Goran RADISAVLJEVIĆ

11/07/1965

Serbian

Rodoljub MARINKOVIĆ

Novi Pazar

04 February 2009

13 March 2012

16940/13

13/02/2013

Ifeta ŠAĆIROVIĆ

30/09/1954

Serbian

Vesna CUKAVAC

Novi Pazar

25 August 2004

1. 18 October 2004

2. 14 November 2007

29082/13

01/04/2013

Atmir MEĐEDOVIĆ

01/02/1967

Serbian

Naser EJUPOVIĆ

Novi Pazar

25 May 2005

27 December 2005

46970/13

21/06/2013

Budimir JEREMIĆ

13/08/1951

Serbian

Slobodan MILANOVIĆ

Novi Pazar

27 February 2008

27 March 2012

47332/13

20/05/2013

Šemsida PALJEVIĆ

16/04/1954

Serbian

Rodoljub MARINKOVIĆ

Novi Pazar

7 May 2009

10 November 2011

52427/13

07/08/2013

Avdija KAÄŒAR

05/09/1958

Serbian

Refija GARIBOVIĆ

Novi Pazar

24 May 2007

10 August 2007

52429/13

07/08/2013

Safeta LJAJIĆ

28/07/1960

Serbian

Refija GARIBOVIĆ

Novi Pazar

1. 18 February 2005

2. 22 November 2005

3. 11 January 2007

1. 26 September 2005

2. 28 December 2005

3. 14 February 2006

4. 26 February 2007

52607/13

05/06/2013

Ifeta DEMIROVIĆ

17/03/1963

Serbian

Refija GARIBOVIĆ

Novi Pazar

1. 18 August 2004

2. 15 March 2005

3. 22 November 2005

4. 4 April 2006

5. 6 March 2007

1. 6 October 2004

2. 21 June 2005

3. 26 September 2005

4. 20 February 2006

5. 17 August 2006

6. 17 October 2007

54283/13

19/08/2013

Miodrag MILOSAVLJEVIĆ

01/11/1954

Serbian

Nataša MIJALJEVIĆ

Novi Pazar

18 March 2008

15 June 2011

55991/13

22/08/2013

Enisa BEGOVIĆ

28/02/1965

Serbian

Naser EJUPOVIĆ

Novi Pazar

31 October 2006

29 October 2007

56300/13

25/05/2013

Raza SELIMOVIĆ MEHMEDOVIĆ

08/09/1964

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 1 July 2004

2. 14 April 2006

1. 24 December 2004

2. 5 April 2007

56304/13

25/05/2013

Kimeta KUJOVIĆ

03/10/1959

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 10 July 2003

2. 3 October 2005

3. 4 April 2006

1. 23 September 2003

2. 11 May 2006

3. 24 August 2006

57290/13

04/06/2013

Jasmina MEĐEDOVIĆ

15/09/1961

Serbian

Emir FETAHOVIĆ

Novi Pazar

1. 2 September 2004

2. 27 February 2006

1. 28 December 2005

2. 17 July 2006

57877/13

30/08/2013

Besim CRNOVRÅ ANIN

03/01/1956

Serbian

Refija GARIBOVIĆ

Novi Pazar

1. 23 September 2004

2. 4 October 2004

3. 4 March 2005

4. 9 November 2005

5. 16 April 2007

1. 26 November 2004

2. 24 June 2005

3. 21 June 2005

4. 16 February 2006

5. 10 August 2007

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