ILIĆ AND OTHERS v. SERBIA
Doc ref: 51218/20, 51240/20, 51930/20, 51932/20, 51939/20, 51949/20, 51954/20, 51986/20, 52007/20, 52014/20, ... • ECHR ID: 001-215233
Document date: December 9, 2021
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SECOND SECTION
DECISION
Application no. 51218/20 Toplica ILIĆ against Serbia and 19 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, 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 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 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
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]
51218/20
10/08/2020
Toplica ILIĆ
1967
04/10/2021
13/10/2021
1,000
250
51240/20
10/08/2020
Duško SENTIĆ
1953
04/10/2021
13/10/2021
1,000
250
51930/20
12/11/2020
Vesna FILIPOVIĆ
1972
04/10/2021
13/10/2021
1,000
250
51932/20
12/11/2020
Snežana ŽIVOTIĆ
1970
04/10/2021
13/10/2021
1,000
250
51939/20
12/11/2020
Mitar KUZMANOVIĆ
1968
04/10/2021
13/10/2021
1,000
250
51949/20
12/11/2020
Radmila PETROVIĆ
1956
04/10/2021
13/10/2021
1,000
250
51954/20
12/11/2020
Slobodan ŽIVOJINOVIĆ
1973
04/10/2021
13/10/2021
1,000
250
51986/20
12/11/2020
Zoran STANKOVIĆ
1960
04/10/2021
13/10/2021
1,000
250
52007/20
12/11/2020
Cvete NANÄŒESKI
1961
04/10/2021
13/10/2021
1,000
250
52014/20
12/11/2020
Slobodan DAVIDOVIĆ
1967
04/10/2021
13/10/2021
1,000
250
52028/20
12/11/2020
Miroslav MILORADOVIĆ
1958
04/10/2021
13/10/2021
1,000
250
52034/20
12/11/2020
Časlav STEFANOVIĆ
1953
04/10/2021
13/10/2021
1,000
250
52039/20
12/11/2020
Dušan MILJKOVIĆ
1951
04/10/2021
13/10/2021
1,000
250
52051/20
12/11/2020
Predrag RISTIĆ
1958
04/10/2021
13/10/2021
1,000
250
52185/20
10/08/2020
Marija STANOJEVIĆ
1970
04/10/2021
13/10/2021
1,000
250
52192/20
10/08/2020
Goran HRANISAVLJEVIĆ
1967
04/10/2021
13/10/2021
1,000
250
52207/20
10/08/2020
Zoran MITROVIĆ
1960
04/10/2021
13/10/2021
1,000
250
52213/20
10/08/2020
Boban JAKOVLJEVIĆ
1966
04/10/2021
13/10/2021
1,000
250
52225/20
10/08/2020
Dragan VEJNOVIĆ
1959
04/10/2021
13/10/2021
1,000
250
52230/20
10/08/2020
Miroljub JEVTIĆ
1958
04/10/2021
13/10/2021
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.