STAMENKOVIĆ AND OTHERS v. SERBIA
Doc ref: 34432/21, 34438/21, 34442/21, 34445/21, 34448/21, 34453/21, 34460/21, 34618/21, 34619/21, 34620/21, ... • ECHR ID: 001-216821
Document date: March 10, 2022
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SECOND SECTION
DECISION
Application no. 34432/21 Dragomir STAMENKOVIĆ against Serbia and 20 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 10 March 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 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 31 March 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]
34432/21
25/06/2021
Dragomir STAMENKOVIĆ
1967
17/11/2021
29/12/2021
1,000
250
34438/21
26/06/2021
Ivana VUKAŠINOVIĆ
1984
17/11/2021
29/12/2021
1,000
250
34442/21
26/06/2021
Goran SARIĆ
1965
17/11/2021
29/12/2021
1,000
250
34445/21
25/06/2021
Miodrag ĐERGOVIĆ
1970
17/11/2021
29/12/2021
1,000
250
34448/21
25/06/2021
Nenad ZDRAVKOVIĆ
1971
17/11/2021
29/12/2021
1,000
250
34453/21
25/06/2021
Srđan ČOLAKOVIĆ
1981
17/11/2021
29/12/2021
1,000
250
34460/21
25/06/2021
Suzana Elena NIKOLIĆ
1968
17/11/2021
29/12/2021
1,000
250
34618/21
25/06/2021
Jasmina GAJIĆ
1967
17/11/2021
29/12/2021
1,000
250
34619/21
25/06/2021
Branko MITIĆ
1983
17/11/2021
29/12/2021
1,000
250
34620/21
25/06/2021
Zora BUNDALO
1958
17/11/2021
29/12/2021
1,000
250
34622/21
25/06/2021
Živoslavka TANASKOVIĆ
1963
17/11/2021
29/12/2021
1,000
250
34623/21
25/06/2021
Borislav DAKIĆ
1959
17/11/2021
29/12/2021
1,000
250
34625/21
25/06/2021
Dosta STOLIĆ
1961
17/11/2021
29/12/2021
1,000
250
34626/21
25/06/2021
Darko KNEŽEVIĆ
1971
17/11/2021
29/12/2021
1,000
250
34627/21
25/06/2021
Svetislav RAKIĆ
1953
17/11/2021
29/12/2021
1,000
250
34630/21
25/06/2021
Milan MIŠANOVIĆ
1986
17/11/2021
29/12/2021
1,000
250
34631/21
25/06/2021
Borivoje MARINKOVIĆ
1966
17/11/2021
29/12/2021
1,000
250
34632/21
25/06/2021
Vasilija NIKOLIĆ
1956
17/11/2021
29/12/2021
1,000
250
34633/21
25/06/2021
Saša DELIĆ
1968
17/11/2021
29/12/2021
1,000
250
34634/21
25/06/2021
Rosa GAČEVIĆ
1957
17/11/2021
29/12/2021
1,000
250
34635/21
25/06/2021
Snežana ŠIŠIĆ
1962
17/11/2021
29/12/2021
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.