Lexploria

FOURTH SECTION

CASE OF LI VANČIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

( Application s no s . 15313/15 and 7 others - see appended list )

JUDGMENT

STRASBOURG

20 February 2020

This judgment is final but it may be subject to editorial revision.

In the case of Livančić and Others v. Bosnia and Herzegovina ,

The European Court of Human Rights ( Fourth Section ), sitting as a Committee composed of:

Stéphanie Mourou-Vikström , President, Georges Ravarani , Jolien Schukking , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 30 January 2020 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in applications against Bosnia and Herzegovina lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table .

2 . The Government of Bosnia and Herzegovina (“the Government”) were given notice of the applications.

THE FACTS

3 . The list of applicant s and the relevant details of the applications are set out in the appended table.

4 . The applicant s complained of the non-enforcement or delayed enforcement of domestic decisions .

THE LAW

5 . Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.

6 . The applicant s complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour . They relied, expressly or in substance, on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1 , which read as follows:

Article 6 § 1

“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...”

Article 1 of Protocol No. 1

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

7 . The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece , no. 18357/91, § 40, Reports of Judgments and Decisions 1997 ‑ II).

8 . In the leading cases of Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 25-31, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955 /12 and 15 others, §§ 26-31, 14 November 2017, the Court already found a violation in respect of issues similar to those in the present case.

9 . The Court further notes that the decisions in the present applications ordered specific action to be taken. The Court therefore considers that the decisions in question constitute “possessions” within the meaning of Article 1 of Protocol No. 1.

10 . Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicant s ’ favour.

11 . These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 .

12 . Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

13 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 36-43, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955 /12 and 15 others, §§ 37-46, 14 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.

14 . The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT , UNANIMOUSLY,

(a) that the respondent State is to pay the applicant s , within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Done in English, and notified in writing on 20 February 2020 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 ( non-enforcement or delayed enforcement of domestic decisions )

No.

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Relevant domestic decision

Start date of non-enforcement period

Length of enforcement proceedings

Amount awarded for non-pecuniary damage per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

15313/15

20/03/2015

Jerko LIVANČIĆ

12/10/1989

Kapetan Hatidža

Travnik

Novi Travnik Cantonal Court, 07/06/2012

28/09/2012

13/06/2016

3 year(s) and 8 month(s) and 17 day(s)

1,000

250

15315/15

20/03/2015

Tončo LIVANČIĆ

23/07/1966

Kapetan Hatidža

Travnik

Novi Travnik Cantonal Court, 07/06/2012

14/09/2012

03/06/2016

3 year(s) and 8 month(s) and 21 day(s)

1,000

250

15321/15

20/03/2015

Kebir ŠEHIĆ

27/07/1963

Kapetan Hatidža

Travnik

Bugojno First Instance Court, 13/10/2003

Bugojno First Instance Court, 20/07/2007

Bugojno First Instance Court, 28/04/2008

Bugojno First Instance Court, 20/11/2006

Bugojno First Instance Court, 19/04/2007

Bugojno First Instance Court, 17/06/2004

Bugojno First Instance Court, 13/10/2003

Bugojno First Instance Court, 04/04/2008

Bugojno First Instance Court, 25/04/2003

Bugojno First Instance Court, 29/05/2008

Bugojno First Instance Court, 04/04/2005

Bugojno First Instance Court, 31/03/2004

Bugojno First Instance Court, 04/07/2003

Bugojno First Instance Court, 18/01/2008

Bugojno First Instance Court, 23/05/2006

Bugojno First Instance Court, 28/05/2007

Bugojno First Instance Court, 04/04/2005

02/07/2012

03/07/2012

04/07/2012

05/07/2012

14/08/2012

16/08/2012

17/08/2012

28/08/2012

31/10/2012

06/10/2015

3 year(s) and 3 month(s) and 5 day(s)

30/07/2015

3 year(s) and 28 day(s)

01/06/2016

3 year(s) and 10 month(s) and 30 day(s)

08/10/2015

3 year(s) and 3 month(s) and 6 day(s)

02/10/2015

3 year(s) and 3 month(s)

08/10/2015

3 year(s) and 3 month(s) and 6 day(s)

26/04/2016

3 year(s) and 9 month(s) and 24 day(s)

09/01/2017

4 year(s) and 6 month(s) and 6 day(s)

25/04/2016

3 year(s) and 9 month(s) and 21 day(s)

01/10/2015

3 year(s) and 1 month(s) and 18 day(s)

27/04/2016

3 year(s) and 8 month(s) and 12 day(s)

01/06/2016

3 year(s) and 9 month(s) and 17 day(s)

13/04/2017

4 year(s) and 7 month(s) and 29 day(s)

05/10/2015

3 year(s) and 1 month(s) and 19 day(s)

06/07/2016

3 year(s) and 10 month(s) and 20 day(s)

02/10/2015

3 year(s) and 1 month(s) and 5 day(s)

01/10/2015

2 year(s) and 11 month(s) and 2 day(s)

1,000

250

16853/15

23/03/2015

Vahid DERVIŠIĆ

22/01/1968

Kapetan Hatidža

Travnik

Sarajevo First Instance Court, 10/07/2008

15/06/2012

21/01/2016

3 year(s) and 7 month(s) and 7 day(s)

1,000

250

18752/15

03/04/2015

Jasminka BASARA

04/01/1962

Kapetan Hatidža

Travnik

Bugojno First Instance Court, 30/09/2011

02/04/2012

25/04/2016

4 year(s) and 24 day(s)

1,000

250

18756/15

03/04/2015

Fatima ÄŒAJDO

14/07/1958

Kapetan Hatidža

Travnik

Bugojno First Instance Court, 20/11/2006

23/02/2012

30/07/2015

3 year(s) and 5 month(s) and 8 day(s)

1,000

250

18761/15

03/04/2015

Nedim NURKIĆ

24/11/1965

Kapetan Hatidža

Travnik

Bugojno First Instance Court, 14/11/2006

10/02/2012

05/10/2015

3 year(s) and 7 month(s) and 26 day(s)

1,000

250

5488/17

06/01/2017

Hajrudin BEŠIĆ

08/07/1945

Salkanović Husein

Zivinice

Živinice First Instance Court , 16/11/2001

15/02/2012

04/10/2019

7 year(s) and 7 month(s) and 20 day(s)

1,000

250[1] . Plus any tax that may be chargeable to the applicants .

[2] . Plus any tax that may be chargeable to the applicants .

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CASE OF LIVANČIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

CASE OF LIVANČIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

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