TASIĆ AND OTHERS v. SERBIA
Doc ref: 58044/21, 58047/21, 58129/21, 58137/21, 58143/21, 58150/21, 58167/21, 58183/21, 58184/21, 58216/21, ... • ECHR ID: 001-221106
Document date: October 20, 2022
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SECOND SECTION
DECISION
Application no. 58044/21 Dragan TASIĆ against Serbia and 13 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 date 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 S. Aleksić, a lawyer practising in Niš.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed 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 or delayed 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]
58044/21
23/11/2021
Dragan TASIĆ
1961
21/06/2022
01/08/2022
1,000
250
58047/21
23/11/2021
Radovan TASIĆ
1964
21/06/2022
01/08/2022
1,000
250
58129/21
23/11/2021
Dušanka TIRNANIĆ
1956
21/06/2022
01/08/2022
1,000
250
58137/21
23/11/2021
Dragana PETROVIĆ
1968
21/06/2022
01/08/2022
1,000
250
58143/21
23/11/2021
Svetislav TAÅ KOVSKI
1972
21/06/2022
01/08/2022
1,000
250
58150/21
23/11/2021
Jadranka SEKULA
1961
21/06/2022
01/08/2022
1,000
250
58167/21
23/11/2021
Aleksandar ŠULEIĆ
1952
21/06/2022
01/08/2022
1,000
250
58183/21
23/11/2021
Slavica SIMAKOVIĆ
1976
21/06/2022
01/08/2022
1,000
250
58184/21
23/11/2021
Zoran VASIĆ
1964
21/06/2022
01/08/2022
1,000
250
58216/21
23/11/2021
Slavko TASIĆ
1953
21/06/2022
01/08/2022
1,000
250
58237/21
23/11/2021
Saša NIKOLIĆ
1974
21/06/2022
01/08/2022
1,000
250
58240/21
23/11/2021
Milijana RISTIĆ
1972
21/06/2022
01/08/2022
1,000
250
58246/21
23/11/2021
Živorad MILOSAVLJEVIĆ
1956
21/06/2022
01/08/2022
1,000
250
58250/21
23/11/2021
Dragan ALEKSIĆ
1957
21/06/2022
01/08/2022
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.