MITROVIĆ AND OTHERS v. SERBIA
Doc ref: 30808/21, 31571/21, 32401/21, 32425/21, 32528/21, 32625/21, 32738/21, 32952/21, 32979/21, 33175/21, ... • ECHR ID: 001-221104
Document date: October 20, 2022
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SECOND SECTION
DECISION
Application no. 30808/21 Goran MITROVIĆ against Serbia and 11 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 20 October 2022 as a Committee composed of:
Jovan Ilievski , President , Gilberto Felici, Diana Sârcu , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr R. Kojić, a lawyer practising in Belgrade.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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.
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.
Done in English and notified in writing on 10 November 2022.
Viktoriya Maradudina Jovan Ilievski 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 of domestic decisions given against socially/State-owned companies)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros) [1] 2
Amount awarded for costs and expenses per application
(in euros) 3
30808/21
10/06/2021
Goran MITROVIĆ
1982
29/08/2022
14/09/2022
1,000
250
31571/21
14/06/2021
Ljiljana PEJIĆ
1951
29/08/2022
14/09/2022
1,000
250
32401/21
15/06/2021
Zdravko PETROVIĆ
1958
29/08/2022
14/09/2022
1,000
250
32425/21
18/06/2021
Mitar MAKSIMOVIĆ
1959
29/08/2022
14/09/2022
1,000
250
32528/21
15/06/2021
Ljiljana KRASIĆ
1969
29/08/2022
14/09/2022
1,000
250
32625/21
17/06/2021
Vesna STAMENKOVIĆ
1965
29/08/2022
14/09/2022
1,000
250
32738/21
16/06/2021
Bratislav MILANOVIĆ
1970
29/08/2022
14/09/2022
1,000
250
32952/21
23/06/2021
Miladin RADIVOJČEVIĆ
1948
29/08/2022
14/09/2022
1,000
250
32979/21
23/06/2021
Radmila STOJANOVIĆ
1967
29/08/2022
14/09/2022
1,000
250
33175/21
22/06/2021
Zoran KRSTIĆ
1974
29/08/2022
14/09/2022
1,000
250
33195/21
22/06/2021
Stevo TEŠIĆ
1964
29/08/2022
14/09/2022
1,000
250
33200/21
22/06/2021
Vladimir MILJKOVIĆ
1958
29/08/2022
14/09/2022
1,000
250[1] Plus any tax that may be chargeable to the applicants.
2 Less any amounts which may have already been paid in that regard at the domestic level.
3 Plus any tax that may be chargeable to the applicants.