HASANOVIĆ AND OTHERS v. SERBIA
Doc ref: 29733/13;46830/13;47841/13;48651/13 • ECHR ID: 001-142364
Document date: March 7, 2014
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THIRD SECTION
DECISION
Application no . 29733/13 Hakija HASANOVIĆ against Serbia and 3 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 10 April 2013 and 19 June 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 21 October 2013 and 3 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 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
Enforcement order details
29733/13
10/04/2013
Hakija HASANOVIĆ
27/01/1955
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
26 February 2009
8 December 2011
46830/13
07/06/2013
Zumreta DESTOVIĆ
10/06/1960
Serbian
Refija GARIBOVIĆ
Novi Pazar
1. 10 May 2000
2. 18 October 2004
3. 15 March 2005
4. 24 March 2006
1. 15 June 2004
2. 26 November 2004
3. 18 February 2005
4. 21 June 2005
5. 26 September 2005
6. 10 May 2006
47841/13
30/04/2013
Sabita AZEMOVIĆ
05/12/1959
Serbian
Rodoljub MARINKOVIĆ
Novi Pazar
27 February 2009
8 December 2011
48651/13
19/06/2013
Sabaheta KONIÄŒANIN
11/02/1959
Serbian
Refija GARIBOVIĆ
Novi Pazar
31 May 2007
3 October 2007