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LAZIĆ AND OTHERS v. SERBIA
Doc ref: 58108/21, 58110/21, 61116/21, 13930/22, 13933/22, 13947/22, 13964/22, 13970/22, 16055/22, 16056/22, ... • ECHR ID: 001-221108
Document date: October 20, 2022
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LAZIĆ AND OTHERS v. SERBIA
Doc ref: 58108/21, 58110/21, 61116/21, 13930/22, 13933/22, 13947/22, 13964/22, 13970/22, 16055/22, 16056/22, ... • ECHR ID: 001-221108
Document date: October 20, 2022
Cited paragraphs only
SECOND SECTION
DECISION
Application no. 58108/21 Dragan LAZIĆ against Serbia and 19 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 S. Aleksić, a lawyer practising in Niš. One of the applicants, Mr Lazić (application no. 58108/21), died in 2022. The Government accepted his wife, Mrs Marina Dumić Lazić, as his legal heir.
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 and the legal heir of Mr Lazić 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 death of Mr Lazić and of the wish of his wife to pursue the proceedings. The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania , no. 34578/97, § 41, ECHR 2000-IX; Shiryayeva v. Russia , no. 21417/04, §§ 8-9, 13 July 2006; and Horváthová v. Slovakia , no. 74456/01, § 26, 17 May 2005). Nothing suggests that the rights the applicant sought to protect through the Convention mechanism were eminently personal and non-transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, 12 July 2001). The Government did not contend that Mrs Marina Dumić Lazić had standing to pursue the case. Therefore, the Court considers that Mr Lazić’s wife has a legitimate interest in pursuing the application.
The Court further 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 that Mrs Dumić Lazić has standing to continue the proceedings in her late husband’s stead (application no. 58108/21);
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/household
(in euros) [1] [2]
Amount awarded for costs and expenses per application
(in euros) [3]
58108/21
23/11/2021
Dragan LAZIĆ
1960Deceased in 2022
Pursued by heir:
Marina Dumić Lazić
1967
29/08/2022
20/09/2022
1,000
250
58110/21
23/11/2021
(3 applicants)
Household
Marijana RISTIĆ
1979Jelena TRAJKOVIĆ
1976Gordana RISTIĆ
1949
29/08/2022
01/08/2022
1,000
250
61116/21
23/11/2021
Novica NIKOLIĆ
1963
29/08/2022
01/08/2022
1,000
250
13930/22
09/03/2022
Živadin VUČKOVIĆ
1962
29/08/2022
01/08/2022
1,000
250
13933/22
09/03/2022
Svetlana JAĆIMOVIĆ
1964
29/08/2022
01/08/2022
1,000
250
13947/22
09/03/2022
Dragana PIRIĆ
1987
29/08/2022
01/08/2022
1,000
250
13964/22
09/03/2022
Slobodan KOVAČEVIĆ
1952
29/08/2022
01/08/2022
1,000
250
13970/22
09/03/2022
Jovan JOVANOVIĆ
1948
29/08/2022
01/08/2022
1,000
250
16055/22
22/03/2022
Vladan MARINKOVIĆ
1969
29/08/2022
01/08/2022
1,000
250
16056/22
22/03/2022
Dejan JEVTIĆ
1967
29/08/2022
01/08/2022
1,000
250
16058/22
22/03/2022
Vesna RAVIĆ
1965
29/08/2022
01/08/2022
1,000
250
16064/22
22/03/2022
Heneri DELIĆ
1974
29/08/2022
01/08/2022
1,000
250
16065/22
22/03/2022
Tamara TODOROVIĆ
1977
29/08/2022
01/08/2022
1,000
250
16068/22
22/03/2022
Gordana KRSTIĆ
1969
29/08/2022
01/08/2022
1,000
250
16069/22
22/03/2022
Zoran RISTIĆ
1959
29/08/2022
01/08/2022
1,000
250
16072/22
22/03/2022
Velibor MOJSA
1958
29/08/2022
01/08/2022
1,000
250
16075/22
22/03/2022
Goran JOVIĆ
1974
29/08/2022
01/08/2022
1,000
250
16080/22
22/03/2022
Boban STOJANOVIĆ
1987
29/08/2022
01/08/2022
1,000
250
18403/22
01/04/2022
Goroljub STEVIĆ
1958
29/08/2022
01/08/2022
1,000
250
18429/22
01/04/2022
Marina TACKOVIĆ
1977
29/08/2022
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.
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