TUZLAK AND OTHERS v. SERBIA
Doc ref: 34195/21, 34199/21, 34208/21, 34210/21, 34221/21, 34223/21, 34224/21, 34225/21, 34226/21, 34385/21, ... • ECHR ID: 001-220351
Document date: September 22, 2022
- 0 Inbound citations:
- •
- 0 Cited paragraphs:
- •
- 0 Outbound citations:
SECOND SECTION
DECISION
Application no. 34195/21 Slavica TUZLAK 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 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 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 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
34195/21
25/06/2021
Slavica TUZLAK
1958
29/08/2022
01/08/2022
1,000
250
34199/21
25/06/2021
Gorica SPASOJEVIĆ
1960
29/08/2022
01/08/2022
1,000
250
34208/21
25/06/2021
Bogdan TODOROVIĆ
1957
29/08/2022
01/08/2022
1,000
250
34210/21
25/06/2021
Miodrag BRANKOVIĆ
1950
29/08/2022
01/08/2022
1,000
250
34221/21
25/06/2021
Ljubomir KUKIĆ
1972
29/08/2022
01/08/2022
1,000
250
34223/21
25/06/2021
Zoran VUJKOVIĆ
1956
29/08/2022
01/08/2022
1,000
250
34224/21
25/06/2021
Miroslav NOVAKOVIĆ
1952
29/08/2022
01/08/2022
1,000
250
34225/21
25/06/2021
Goran MILADINOVIĆ
1976
29/08/2022
01/08/2022
1,000
250
34226/21
25/06/2021
Dejan VESELINOVIĆ
1975
29/08/2022
01/08/2022
1,000
250
34385/21
25/06/2021
Svetlana VASILJEVIĆ
1966
29/08/2022
01/08/2022
1,000
250
34386/21
25/06/2021
Sreten VUČIĆ
1953
29/08/2022
01/08/2022
1,000
250
34387/21
25/06/2021
Brankica KRSTIĆ
1975
29/08/2022
01/08/2022
1,000
250
34388/21
25/06/2021
Zoran KRSTIĆ
1973
29/08/2022
01/08/2022
1,000
250
34827/21
25/06/2021
Svetlana JANIĆEVIĆ
1963
29/08/2022
01/08/2022
1,000
250
34833/21
25/06/2021
Bisera IVKOVIĆ
1966
29/08/2022
01/08/2022
1,000
250
34835/21
25/06/2021
Dobrivoje TANASKOVIĆ
1954
29/08/2022
01/08/2022
1,000
250
34838/21
25/06/2021
Bojan MILENKOVIĆ
1981
29/08/2022
01/08/2022
1,000
250
34841/21
25/06/2021
Dejan PERIĆ
1974
29/08/2022
01/08/2022
1,000
250
34844/21
25/06/2021
Biljana NIKOLIĆ
1964
29/08/2022
01/08/2022
1,000
250
34849/21
25/06/2021
Anita MIŠIĆ
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.