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CVETKOVIĆ AND OTHERS v. SERBIA

Doc ref: 37615/19, 17196/20, 17647/20, 18468/20, 19147/20, 20679/20, 20685/20, 21438/20, 21592/20, 21670/20, ... • ECHR ID: 001-215223

Document date: December 9, 2021

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CVETKOVIĆ AND OTHERS v. SERBIA

Doc ref: 37615/19, 17196/20, 17647/20, 18468/20, 19147/20, 20679/20, 20685/20, 21438/20, 21592/20, 21670/20, ... • ECHR ID: 001-215223

Document date: December 9, 2021

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 37615/19 Mirjana CVETKOVIĆ against Serbia and 14 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 9 December 2021 as a Committee composed of:

Pauliine Koskelo, President, Branko Lubarda, Marko Bošnjak, judges, and Viktoriya Maradudina, Actng Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

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. Stajić, a lawyer practising in Lebane.

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”) on 25 March 2021.

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 Government submitted that the final domestic decisions in the applicants’ favour had actually been enforced. They therefore suggested that the Court reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

The applicants did not dispute that fact.

The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted, either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Nikolić and Others v. Serbia (dec.) [Committee], nos. 48162/18 and 8 others, 21 January 2021).

Turning to the present case, the Court observes that between 10 October 2019 and 3 June 2020 the sums awarded in the domestic decisions at issue were fully paid by the State in accordance with domestic law (see Stevanović and Others v. Serbia , nos. 43815/17 and 15 others, § 17, 27 August 2019). The applicants did not inform the Court about that development before notice of the applications was given to the Government and no explanation for this omission was provided.

Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court’s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court’s resources may undermine the credibility of lawyers’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina (dec.), no. 67618/09, § 29, 10 January 2017).

In view of the above, the Court finds that these applications constitute an abuse of the right of individual application and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 13 January 2022.

Viktoriya Maradudina Pauliine Koskelo 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

Relevant domestic decision

Start date of non-enforcement period

Date of enforcement of domestic decisions

37615/19

21/06/2019

Mirjana CVETKOVIĆ

1961Municipal Court in Lebane, 21/04/2005

Commercial Court in Leskovac, 07/10/2011

11/09/2007

07/10/2011

10/10/2019

17196/20

20/03/2020

Dragan RISTIĆ

1963Municipal Court in Lebane, 28/04/2004

Municipal Court in Lebane, 20/10/2005

Municipal Court in Lebane, 25/12/2006

12/07/2004

16/04/2010

27/02/2020

17647/20

23/03/2020

Slađana PETROVIĆ-ŽIVKOVIĆ

1962Municipal Court Lebane, 08/07/2003

Municipal Court Lebane, 13/09/2005

16/04/2010

27/02/2020

18468/20

02/04/2020

Svetislav STOJANOVIĆ

1948Municipal Court in Lebane, 17/06/2004

Municipal Court in Lebane, 28/07/2005

16/04/2010

27/02/2020

19147/20

27/02/2020

Branislav PETROVIĆ

1953Municipal Court in Lebane, 22/03/2005

Municipal Court in Lebane, 19/09/2005

Municipal Court in Lebane, 22/02/2006

Municipal Court in Lebane, 30/11/2006

02/07/2009

27/02/2020

20679/20

21/04/2020

Sevda JANKOVIĆ

1947Municipal Court in Lebane, 19/09/2005

16/04/2010

27/02/2020

20685/20

21/04/2020

Stanko MARKOVIĆ

1957Municipal Court in Lebane, 30/09/2004

16/04/2010

27/02/2020

21438/20

02/04/2020

Dragan STOJANOVIĆ

1963Municipal Court in Lebane, 28/07/2005

15/11/2005

27/02/2020

21592/20

21/04/2020

Dragi STOJANOVIĆ

1959Municipal Court in Lebane, 21/09/2005

16/04/2010

27/02/2020

21670/20

21/04/2020

Milutin ŽIVKOVIĆ

1959Municipal Court Lebane, 22/06/2004

Municipal Court Lebane, 24/10/2005

16/04/2010

27/02/2020

21970/20

30/04/2020

Dragan ZLATANOVIĆ

1954Municipal Court Lebane, 21/04/2005

21/10/2011

03/06/2020

22038/20

30/04/2020

Slađanka DAVIDOVIĆ

1959Municipal Court in Lebane, 19/07/2006

11/09/2007

03/06/2020

22114/20

21/04/2020

Gradimir IVKOVIĆ

1952Municipal Court in Lebane, 15/07/2004

15/11/2005

27/02/2020

23489/20

30/04/2020

Javorka STAMENKOVIĆ

1950Municipal Court in Lebane, 21/04/2005

Municipal Court in Lebane, 05/08/2008

11/09/2007

07/10/2011

03/06/2020

23498/20

30/04/2020

Gorica MALOVIĆ

1962Municipal Court in Lebane, 23/01/2007

13/03/2007

03/06/2020

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