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BEŠEVIĆ AND OTHERS v. SERBIA

Doc ref: 44499/09, 14249/11, 14881/12, 15612/11, 24462/11, 33851/11, 45838/11, 56990/11, 5758/10, 61779/10, 6... • ECHR ID: 001-121658

Document date: May 21, 2013

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Cited paragraphs: 0
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Outbound citations: 11

BEŠEVIĆ AND OTHERS v. SERBIA

Doc ref: 44499/09, 14249/11, 14881/12, 15612/11, 24462/11, 33851/11, 45838/11, 56990/11, 5758/10, 61779/10, 6... • ECHR ID: 001-121658

Document date: May 21, 2013

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 44499 /09 Živomir BEŠEV IĆ against Serbia and 15 other applications (see list appended)

The European Court of Human Rights (Second Section), sitting on 21 May 2013 as a Committee composed of:

Paulo Pinto de Albuquerque President,

Dragoljub Popović , Helen Keller , judges, and , Françoise Elens-Passos Acting D eputy Section Registrar ,

Having regard to the formal declarations accepting a friendly settlement of the case.

Having deliberated, decides as follows:

THE FACTS

The applicants ’ personal and other relevant details are set out in the appended table. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.

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 16 January 2013 and 28 February 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 the amounts specified in the appended table to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will 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 sum s 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 will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (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 cases out of the list pursuant to Article 39 of the Convention.

For these reasons, the Court unanimously

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Françoise Elens-Passos Paulo Pinto de Albuquerque Acting 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

Friendly settlement amount

44499/09

23/03/2009

Živomir BEŠEVIĆ

03/09/1959

Novi Pazar

Serbian

Zoran MILOSAVLJEVIĆ

Municipal Court in Novi Pazar

1. P1. 79/04 of 26 February 2004

2. P1. 1063/04 of 24 February 2005

3. P1. 429/05 of 24 October 2005

4. P1. 12/06 of 27 January 2006

5. P1. 841/06 of 30 November 2006

6. P1. 73/04 of 21 March 2005

7. P1. 1101/06 of10 January 2007

Municipal Court in Novi Pazar

1. I.166/2004 of 18/03/2004

2. I. 916/05 of 26/09/2005

3. I. 1891/2005 of 5/01/2006

4. I. 504/2006 of 16/05/2006

5. I. 1718/06 of 20/12/2006

6. I. 664/05 of 23/06/2005

7. I. 73/07 of 13/02/2007

3,100 Euros

5758/10

03/12/2009

Slobodan JOVANOVIĆ

01/12/1949

Leskovac

Serbian

Aleksandra ZDRAVKOVIĆ

Commercial Court in Leskovac

1. P. 707/03 of 14 April 2004

2. P. 133/04 of 24 February 2004

1. Commercial Court in Leskovac

I. 502/04 of19 May 2004

2. Municipal Court in Leskovac

I. 1872/08 of 16/05/2008

2,300 Euros

61779/10

06/10/2010

Nebojša SPORIĆ

01/04/1953

Majdanpek

Serbian

Dragan VASILJEVIĆ

Municipal Court in Majdanpek

P. 591/99 of 14 August 2000

Municipal Court in Majdanpek

I. 255/01 of 15/10/2001

4,800 Euros

70199/10

19/11/2010

Zlatomir ARSENOVIĆ

15/05/1959

Orid

Serbian

Municipal Court in Å abac

P.1965/03 of 19 November 2003

Municipal Court in Å abac

I.1602/07 of 2/08/2007

4,700 Euros

70203/10

22/11/2010

Dragan MIHAJLOVIĆ

11/12/1961

Å abac

Serbian

Municipal Court in Å abac

P. 1227/03 of 3 July 2003

Municipal Court in Å abac

I. 1145/07 of 18/05/2007

4,700 Euros

70219/10

22/11/2010

Hankija SEJDOVIC

05/05/1957

Novi Pazar

Serbian

Refija GARIBOVIĆ

Commercial Court in Užice

St. 35/06 of 24 October 2007

Enforcement requested in the insolvency proceedings (potraživanje prijavljeno u stecajnom postupku)

3,100 Euros

75355/10

04/12/2010

Dragan MIŠKOVIĆ

16/03/1966

Bogatić

Serbian

Municipal Court in Å abac

P. 2420/2000 of 22 December 2000

Municipal Court in Å abac

I. 394/01 of 12/03/2001

4,700 Euros

75362/10

04/12/2010

Borivoj PANTELIĆ

15/07/1962

Å abac

Serbian

Municipal Court in Å abac

P. 2423/2000 of 22 December 2000

Municipal Court in Å abac

I. 417/01 of 12/03/2001

4,700 Euros

14249/11

07/02/2011

Milica MILIĆ

18/08/1953

Grdelica

Serbian

1. Municipal Court in Leskovac

P. 5840/02 of 13 February 2003

2. Municipal Court in Leskovac

P. 2456//03 of 16 October 2003

1. Municipal Court in Leskovac

I. 2343/03 of 17 November 2003

2. Municipal Court in Leskovac

I. 263/03 of 23 November 2004

4,700 Euros

15612/11

18/02/2011

Zoran TODOROVIĆ

05/10/1966

Å abac

Serbian

1. Municipal Court in Å abac

P. 2410/00 of 12 June 2002

2. Municipal Court in Å abac

P. 1227/03 of 3 July 2007

1. Municipal Court in Å abac

The enforcement requested on 01/04/2003

2. Municipal Court in Å abac

I. 1218/07 of 28/05/2007

4,700 Euros

24462/11

05/03/2011

Milosav MIJAILOVIĆ

25/07/1962

Å abac

Serbian

Municipal Court in Å abac

P. 3556/03 of 16 December 2003

Municipal Court in Å abac

I. 1850/07 of 24/09/2007

4,700 Euros

33851/11

13/04/2011

Miloš KRSTIĆ

13/07/1952

Å abac

Serbian

Municipal Court in Å abac

P. 94/04 of 24 February 2004

Municipal Court in Å abac

I. 1763/04 of 11 January 2005

(lodged on 12 August 2004)

4,700 Euros

45838/11

11/05/2011

Zora ŽIVANOVIĆ

21/11/1960

Bajina Bašta

Serbian

Nikola TOMAŠEVIĆ

Second Municipal Court in Belgrade

P. 5270/98 of 2 June 2006

(amended by the First Municipal Court in Court in Belgrade ’ s decision P. 90377/2010 of 13 January 2011)

Fourth Municipal Court in Belgrade VI-I -1381/04 of 5 October 2004. (amended by the First Municipal Court in Belgrade 8 I. 49265/10)

4,800 Euros

56990/11

12/07/2011

Mihajlo TODORIĆ

07/04/1947

Å abac

Serbian

Municipal Court in Å abac

P. 2329/2000 of 23 November 2000

Municipal Court in Å abac

I. 401/01 of 12/03/2001

4,700 Euros

65918/11

11/05/2011

Dragan ILIĆ

18/09/1955

Majdanpek

Serbian

Dragan VASILJEVIĆ

Municipal Court in Majdanpek

P. 456/06 of 12 September 2006

Municipal Court in Majdanpek

I. 226/07 of 23/04/2007

2,000 Euros

14881/12

03/12/2009

Smiljka JOVANOVIĆ

02/12/1949

Leskovac

Serbian

Aleksandra ZDRAVKOVIĆ

Commercial Court in Leskovac

1. P. 707/03 of 14 April 2004

2. P. 133/04 of 24 February 2004

1. Commercial Court in Leskovac

I. 503/04 of 19 May 2004

2. Commercial Court in Leskovac

I. 472/04 of 25/05/2004

2,300 Euros

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