JOVANOVIĆ AND OTHERS v. SERBIA
Doc ref: 51612/21, 51760/21, 51777/21, 51816/21, 51818/21, 51820/21, 51861/21, 58064/21, 58117/21, 58155/21, ... • ECHR ID: 001-220269
Document date: September 22, 2022
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SECOND SECTION
DECISION
Application no. 51612/21 Aleksandar JOVANOVIĆ against Serbia and 19 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 22 September 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.
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 13 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/ household
(in euros) [1] [2]
Amount awarded for costs and expenses per application
(in euros) [3]
51612/21
11/10/2021
Aleksandar JOVANOVIĆ
1982
18/08/2022
21/07/2022
1,000
250
51760/21
11/10/2021
Zoran NEDELJKOVIĆ
1964
18/08/2022
21/07/2022
1,000
250
51777/21
11/10/2021
Mirjana BOSNIĆ
1956
18/08/2022
21/07/2022
1,000
250
51816/21
11/10/2021
Samir DRMAKU
1987
18/08/2022
21/07/2022
1,000
250
51818/21
11/10/2021
Zivomir GLIŠIĆ
1946
18/08/2022
21/07/2022
1,000
250
51820/21
11/10/2021
Sava SPASOJEVIĆ
1949
18/08/2022
21/07/2022
1,000
250
51861/21
11/10/2021
Dragan VUKAŠINOVIĆ
1961
18/08/2022
21/07/2022
1,000
250
58064/21
23/11/2021
Household
Dragan CVETKOVIĆ
1976Darko CVETKOVIĆ
1973
18/08/2022
21/07/2022
1,000
250
58117/21
23/11/2021
Slavica ĐURĐEVIĆ
1955
18/08/2022
21/07/2022
1,000
250
58155/21
23/11/2021
Ljubiša PEŠIĆ
1963
18/08/2022
21/07/2022
1,000
250
58364/21
23/11/2021
Biljana ĆALIĆ
1963
18/08/2022
21/07/2022
1,000
250
58377/21
23/11/2021
Sladjana STEVANOVIĆ
1969
18/08/2022
21/07/2022
1,000
250
58385/21
23/11/2021
Jakob MARTINOVIĆ
1962
18/08/2022
21/07/2022
1,000
250
58389/21
23/11/2021
Zlatica VELJIĆ
1968
18/08/2022
21/07/2022
1,000
250
58402/21
23/11/2021
Dragan VUČKOVIĆ
1967
18/08/2022
21/07/2022
1,000
250
58432/21
23/11/2021
Goran PANTIĆ
1977
18/08/2022
21/07/2022
1,000
250
58436/21
23/11/2021
Predrag RADULOVIĆ
1965
18/08/2022
21/07/2022
1,000
250
58441/21
23/11/2021
Danijela MILOJIĆ
1973
18/08/2022
21/07/2022
1,000
250
58446/21
23/11/2021
Slaviša ŽIVKOVIĆ
1963
18/08/2022
21/07/2022
1,000
250
58448/21
23/11/2021
Dejan NIKOLIĆ
1969
18/08/2022
21/07/2022
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.