PETROVIĆ AND OTHERS v. SERBIA
Doc ref: 34636/20, 44568/20, 44577/20, 44580/20, 45256/20, 45273/20, 45275/20, 47541/20, 47543/20, 47544/20, ... • ECHR ID: 001-214518
Document date: November 25, 2021
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SECOND SECTION
DECISION
Application no. 34636/20 Darko PETROVIĆ against Serbia and 14 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]
34636/20
30/07/2020
Darko PETROVIĆ
1982
30/09/2021
03/08/2021
1,000
250
44568/20
01/09/2020
Snežana JAĆIMOVIĆ
1965
30/09/2021
25/08/2021
1,000
250
44577/20
01/09/2020
Goran TRIFUNOVIĆ
1965
30/09/2021
29/07/2021
1,000
250
44580/20
01/09/2020
Dragan MARKOVIĆ
1956
30/09/2021
25/08/2021
1,000
250
45256/20
30/09/2020
Milijana CVETKOVIĆ
1962
30/09/2021
30/07/2021
1,000
250
45273/20
30/09/2020
Mile MILOVANOVIĆ
1963
30/09/2021
25/09/2021
1,000
250
45275/20
30/09/2020
Goran MARKOVIĆ
1970
30/09/2021
24/08/2021
1,000
250
47541/20
20/10/2020
Vlastimir NIKOLIĆ
1959
30/09/2021
24/08/2021
1,000
250
47543/20
20/10/2020
Miloje SMILJKOVIĆ
1962
30/09/2021
24/08/2021
1,000
250
47544/20
20/10/2020
Dragica VUKOJEVIĆ
1954
30/09/2021
25/08/2021
1,000
250
47545/20
20/10/2020
Gordana ĐURIĆ
1963
30/09/2021
24/08/2021
1,000
250
47547/20
20/10/2020
Žarko KOZIĆ
1956
30/09/2021
03/08/2021
1,000
250
47548/20
20/10/2020
Biljana ŽIVKOVIĆ
1966
30/09/2021
25/08/2021
1,000
250
47549/20
20/10/2020
Stefan MILADINOVIĆ
1993
30/09/2021
25/09/2021
1,000
250
47553/20
20/10/2020
Ljubodrag MARKOVIĆ
1955
30/09/2021
25/08/2021
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.