FARKAŠ AND OTHERS v. SERBIA
Doc ref: 7615/22;7619/22;7800/22;7804/22;7807/22;7808/22;7826/22;7827/22;7828/22;8210/22;8211/22;8522/22 • ECHR ID: 001-220671
Document date: October 6, 2022
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SECOND SECTION
DECISION
Application no. 7615/22 Laslo FARKAÅ against Serbia and 11 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 6 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 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 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 27 October 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]
7615/22
02/02/2022
Laslo FARKAÅ
1973
30/08/2022
31/08/2022
1,000
250
7619/22
02/02/2022
Robert ALTMAN
1982
30/08/2022
31/08/2022
1,000
250
7800/22
01/02/2022
Čaba DEVIČ
1968
30/08/2022
31/08/2022
1,000
250
7804/22
02/02/2022
Pal GULIČ
1952
30/08/2022
31/08/2022
1,000
250
7807/22
02/02/2022
Mirko ROKNIĆ
1974
30/08/2022
31/08/2022
1,000
250
7808/22
02/02/2022
Margit SALONTAJI
1952
30/08/2022
31/08/2022
1,000
250
7826/22
02/02/2022
Zoran CAKIĆ
1964
30/08/2022
31/08/2022
1,000
250
7827/22
02/02/2022
Jovan RABOCKAI
1952
30/08/2022
31/08/2022
1,000
250
7828/22
01/02/2022
Stevan KALMAR
1969
30/08/2022
31/08/2022
1,000
250
8210/22
01/02/2022
Eržebet KATIĆ
1951
30/08/2022
31/08/2022
1,000
250
8211/22
01/02/2022
Makso MIĆANOVIĆ
1970
30/08/2022
31/08/2022
1,000
250
8522/22
01/02/2022
Roža MERZA
1952
30/08/2022
31/08/2022
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.