Search
document

BAJROVIĆ AND OTHERS v. SERBIA

Doc ref: 60174/08, 57094/09, 7813/10, 17243/11, 24416/11, 42649/11, 8745/12, 15278/12, 15283/12, 25907/12, 28... • ECHR ID: 001-142363

Document date: March 7, 2014

Inbound citations: 0
•
Cited paragraphs: 0
•
Outbound citations: 9

BAJROVIĆ AND OTHERS v. SERBIA

Doc ref: 60174/08, 57094/09, 7813/10, 17243/11, 24416/11, 42649/11, 8745/12, 15278/12, 15283/12, 25907/12, 28... • ECHR ID: 001-142363

Document date: March 7, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 60174/08 Džemila BAJROVIĆ against Serbia and 13 other applications

The European Court of Human Rights (Third Section), sitting on 7 March 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 1 1 November 20 08 and 1 April 201 3 ,

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, M s V. Rod ić.

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 19 September 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 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 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 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 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

Enforcement order details

60174/08

11/11/2008

D ž emila BAJROVIĆ

22/07/1959

Serbian

Refija GARIBOVIĆ

Municipal Court in Novi Pazar

1.P1.811/04 of 19 April 2006

2.P1.915/06 of 13 November 2006

3. P1.807/07 of 12 December 2007

Municipal Court in Novi Pazar

1.I.1061/06 of 19/07/2006

2.I.1591/06 of 08/12/2006

3.I.169/08 of 20/02/2008 ( the applicant ’ s request was dismissed due to the restructuring of the company )

57094/09

18/09/2009

Goran GAVRILOVIĆ

01/01/1956

Serbian

Želimir JEREMIĆ

Municipal Court in Čačak

P. 1267/03 of 5 June 2007

Municipal Court in Čačak

I. 1212/07 of 17/09/2007

I. 1008/08 of 15/07/2008

I. 1008/08 of 29/04/2009

7813/10

15/01/2010

Zineta MAVRIĆ SKOKO

09/09/1958

Serbian

Ramiza PALJEVAC-EMROVIĆ

Municipal C ourt in Novi Pazar

P1.575/02 of 9 December 2002

Municipal C ourt in Novi Pazar

I. 97/03 of 18/03/ 2003

17243/11

07/02/2011

Mahija KRUÅ EVLJANIN

04/10/1961

Serbian

Ramiza PALJEVAC-EMROVIĆ

Municipal C ourt in Novi Pazar

P1. 165/08 of 20 March 2008

Municipal C ourt in Novi Pazar

I. 738/08 of 20/08/ 2008

24416/11

08/03/2011

Gordana GRUJI Ć

04/06/1951

Serbian

Commercial Court in Zaječar

P. 288/2001 of 17 August 2008

P. 823/2003 of 14 June 2005

The enforcement requested in the insolvency proceedings

Commercial Court in Zaječar St. 324/00

42649/11

16/06/2011

Ljubomir PETROVIĆ

01/11/1958

Serbian

Municipal Court in Å abac

P.3461/05 of 3 February 2006

Court of First Instance in Å abac

3 I . 1389/11 of 9/01/2012

8745/12

20/01/2012

Ljubomir ISKRENOVIĆ

04/01/1944

Serbian

Nenad ČOLOVIĆ

Municipal Court in Kragujevac

2P-XXVI-631/06 of 19 June 2008

Enforcement requested in the insolvency proceedings

Commercial Court in Kragujevac

St.45/2010 of 25 October 2010

15278/12

05/03/2012

Vedžiha ZEJNELOVIĆ

05/10/1968

Serbian

Ramiza PALJEVAC-EMROVIĆ

Municipal Court in Novi Pazar

P.1. 261/05 of 25 October 2005

The claim has been recognised

in the insolvency proceedings,

Commercial Court in Užice

St. 35/06 of 24 October 2007.

15283/12

05/03/2012

Mejrema MEKIĆ

07/07/1957

Serbian

Ramiza PALJEVAC-EMROVIĆ

Commercial Court in Užice

St. 35/06 of 24 October 2007

The claim has been recognised in the insolvency proceedings

St. 21/10 of 4 February 2011

25907/12

18/04/2012

Slobodan STEVANOVIĆ

07/09/1944

Serbian

Nenad ČOLOVIĆ

Municipal Court i n Kragujevac

2P-XXVI-5300/03 of 1 October 2007

Enforcement requested and recognised in the insolvency proceedings

Commercial Court in Kragujevac

St.45/2010 of 25 October 2010

28238/12

30/04/2012

Milka ŽIVKOVIĆ

18/03/1952

Serbian

Nenad ČOLOVIĆ

Municipal Court in Kragujevac

2P-VI-3388/03 of 28 January 2009

Municipal Court in Kragujevac

I-1-862/09 of 12/03/ 2009

Commercial Court in Kragujevac

II. St.83/2010/54 of 18 November 2010

38662/12

11/06/2012

Spasoje MIHAJLOVIĆ

15/09/1951

Serbian

Nenad ČOLOVIĆ

Municipal Court in Kragujevac

2P-XX-5459/2003 of 22 November 2004

Municipal Court in Kragujevac

I-1-986/05 of 16 June 2005

Municipal Court in Kragujevac

I-1-862/2006 of 2 June 2006

78831/12

15/11/2012

Gordana ČUTOVIĆ

15/02/1949

Serbian

Snežana JOKIĆ

Municipal Court in Čačak

P. 490/08 of 12 November 2009

Court of First Instance in Čačak

I.808/11 of 16/05/2011

26949/13

01/04/2013

Olgica CVETKOVIĆ

27/04/1948

Serbian

Slobodan PETROVIĆ

Municipal Court in Vladičin Han

1. P. 928/02 of 23 September 2003

2. P. 150/04 of 9 March 2004

3. P. 140/05 of 17 May 2005

4. P. 140/05 of 7 Jun e 2005

Municipal Court in Vladičin Han

1. I. 745/03 of 17/12/2003

2. I. 439/04 of 1/04/2004

3. I. 445/05 of 30/08/2005

4. I. 48/06 of 22/02/2006

LEXI

Lexploria AI Legal Assistant