JOVANOVIĆ AND OTHERS v. SERBIA
Doc ref: 31649/20, 31652/20, 31659/20, 31673/20, 31710/20, 34112/20, 34115/20, 34118/20, 34121/20, 34444/20, ... • ECHR ID: 001-214513
Document date: November 25, 2021
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SECOND SECTION
DECISION
Application no. 31649/20 Milenko JOVANOVIĆ against Serbia and 21 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 25 November 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 M. Zeković, a lawyer practising in Belgrade.
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 16 December 2021.
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]
31649/20
19/06/2020
Milenko JOVANOVIĆ
1962
11/10/2021
05/08/2021
1,000
250
31652/20
19/06/2020
Danko JOKSIMOVIĆ
1968
11/10/2021
22/09/2021
1,000
250
31659/20
19/06/2020
Vesna MATIĆ
1967
11/10/2021
25/09/2021
1,000
250
31673/20
19/06/2020
Radivoje RISTIĆ
1963
07/10/2021
25/09/2021
1,000
250
31710/20
19/06/2020
Jelica RAŠKOVIĆ
1957
07/10/2021
25/09/2021
1,000
250
34112/20
30/07/2020
Biljana MILOVANOVIĆ
1971
07/10/2021
25/09/2021
1,000
250
34115/20
30/07/2020
Radojica PAVIĆEVIĆ
1976
11/10/2021
05/09/2021
1,000
250
34118/20
30/07/2020
Slavoljub MILENKOVIĆ
1965
07/10/2021
29/07/2021
1,000
250
34121/20
30/07/2020
Slavimir MIJAILOVIĆ
1954
07/10/2021
27/09/2021
1,000
250
34444/20
30/07/2020
Branislav KRSTIĆ
1954
07/10/2021
25/09/2021
1,000
250
34461/20
30/07/2020
Zdenka IBRAHIMOV
1957
07/10/2021
25/09/2021
1,000
250
34464/20
30/07/2020
Radovan ADAMOV
1950
11/10/2021
23/09/2021
1,000
250
34469/20
30/07/2020
Miroslav STEVANOVIĆ
1964
07/10/2021
25/09/2021
1,000
250
34497/20
30/07/2020
Ljiljana JANJIĆ
1954
11/10/2021
25/09/2021
1,000
250
34571/20
30/07/2020
Smiljana KAVRŽIĆ
1961
12/10/2021
04/08/2021
1,000
250
44319/20
01/09/2020
Radomir KOJIĆ
1961
07/10/2021
04/08/2021
1,000
250
44733/20
30/09/2020
Ivan PETRONIJEVIĆ
1959
07/10/2021
09/08/2021
1,000
250
44739/20
30/09/2020
Slavoljub ĆIRIĆ
1962
07/10/2021
03/08/2021
1,000
250
44740/20
30/09/2020
Milutin MILOSAVLJEVIĆ
1967
07/10/2021
22/09/2021
1,000
250
46015/20
30/09/2020
Ivan KLJAJIĆ
1972
07/10/2021
04/08/2021
1,000
250
46017/20
30/09/2020
Dragan PEKOVIĆ
1969
07/10/2021
05/08/2021
1,000
250
46019/20
30/09/2020
Jovanka MINIĆ
1960
07/10/2021
25/09/2021
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.