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TORBICA AND OTHERS v. SERBIA

Doc ref: 34530/21, 34533/21, 34540/21, 35488/21, 35491/21, 35496/21, 35501/21, 35504/21, 35523/21, 35546/21, ... • ECHR ID: 001-216039

Document date: February 3, 2022

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TORBICA AND OTHERS v. SERBIA

Doc ref: 34530/21, 34533/21, 34540/21, 35488/21, 35491/21, 35496/21, 35501/21, 35504/21, 35523/21, 35546/21, ... • ECHR ID: 001-216039

Document date: February 3, 2022

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 34530/21 Anita TORBICA against Serbia and 15 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 3 February 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 24 February 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]

34530/21

25/06/2021

Anita TORBICA

1975

17/11/2021

22/12/2021

1,000

250

34533/21

25/06/2021

Snežana PETROVIĆ

1960

17/11/2021

22/12/2021

1,000

250

34540/21

25/06/2021

Vasilije KUTLAČIĆ

1962

17/11/2021

22/12/2021

1,000

250

35488/21

25/06/2021

Dragan MILETIĆ

1966

17/11/2021

22/12/2021

1,000

250

35491/21

25/06/2021

Novica SAVIĆ

1957

17/11/2021

22/12/2021

1,000

250

35496/21

25/06/2021

Zoran KOVAČEVIĆ

1977

17/11/2021

22/12/2021

1,000

250

35501/21

25/06/2021

Nenad TASIĆ

1965

17/11/2021

22/12/2021

1,000

250

35504/21

25/06/2021

Snežana MARKOVIĆ

1975

17/11/2021

22/12/2021

1,000

250

35523/21

25/06/2021

Nenad KOCIĆ

1973

17/11/2021

22/12/2021

1,000

250

35546/21

25/06/2021

Predrag MILOŠEVIĆ

1981

17/11/2021

22/12/2021

1,000

250

35554/21

25/06/2021

Jasmina BOŽIĆ MILIĆEVIĆ

1951

17/11/2021

22/12/2021

1,000

250

35564/21

25/06/2021

Branko JOVANOVIĆ

1959

17/11/2021

22/12/2021

1,000

250

35575/21

25/06/2021

Valentina NIKČEVIĆ

1970

17/11/2021

22/12/2021

1,000

250

35583/21

25/06/2021

Nenad MARINKOVIĆ

1978

17/11/2021

22/12/2021

1,000

250

35601/21

25/06/2021

Vladan STANKOVIĆ

1971

17/11/2021

22/12/2021

1,000

250

35607/21

25/06/2021

Daniela DENIĆ

1971

17/11/2021

22/12/2021

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.

© European Union, https://eur-lex.europa.eu, 1998 - 2025

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