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DODIĆ AND OTHERS v. SERBIA

Doc ref: 18462/20, 18467/20, 18498/20, 18509/20, 18518/20, 18540/20, 21673/20, 21967/20, 23426/20, 25227/20, ... • ECHR ID: 001-214158

Document date: November 10, 2021

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DODIĆ AND OTHERS v. SERBIA

Doc ref: 18462/20, 18467/20, 18498/20, 18509/20, 18518/20, 18540/20, 21673/20, 21967/20, 23426/20, 25227/20, ... • ECHR ID: 001-214158

Document date: November 10, 2021

Cited paragraphs only

SECOND SECTION

DECISION

Application no. 18462/20 Steva DODIĆ against Serbia and 17 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 10 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,

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 Srđan 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 or delayed 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 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 but considered it irrelevant.

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 27 February and 21 October 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 2 December 2021.

{signature_p_2}

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 or delayed 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

End date of non-enforcement period

18462/20

30/04/2020

Steva DODIĆ

1975Municipal Court in Lebane, 21/04/2005

Municipal Court in Lebane, 03/06/2009

11/09/2007

07/10/2011

03/06/2020

18467/20

30/04/2020

Mile PETKOVIĆ

1968Municipal Court in Lebane, 06/05/2003

21/11/2005

27/02/2020

18498/20

30/04/2020

Milan STANOJEVIĆ

1962Municipal Court in Lebane, 06/05/2003

16/04/2010

27/02/2020

18509/20

30/04/2020

Stanimir PETROVIĆ

1947Commercial Court in Leskovac, 31/01/2002

11/03/2004

27/02/2020

18518/20

30/04/2020

Dejan TODOROVIĆ

1974Municipal Court in Lebane, 21/04/2005

Municipal Court in Lebane, 03/06/2009

11/09/2007

07/10/2011

03/06/2020

18540/20

30/04/2020

Ivan DIMITRIJEVIĆ

1966Municipal Court in Lebane, 28/07/2005

Municipal Court in Lebane, 13/02/2006

15/11/2005

16/04/2010

27/02/2020

21673/20

30/04/2020

Velibor JOVIĆ

1967Municipal Court in Lebane, 23/11/2004

16/04/2010

27/02/2020

21967/20

30/05/2020

Krsta DIMITRIJEVIĆ

1960Municipal Court in Lebane, 06/05/2003

16/04/2010

27/02/2020

23426/20

10/06/2020

Nataša ZDRAVKOVIĆ

1970Municipal Court in Lebane, 20/09/2005

Municipal Court in Lebane, 04/08/2006

15/11/2005

16/04/2010

21/10/2020

25227/20

30/05/2020

Slađana STANKOVIĆ

1978Municipal Court in Lebane, 06/05/2009

26/08/2009

25/05/2020

25451/20

10/06/2020

Dragan TRAJKOVIĆ

1955Municipal Court in Lebane, 01/12/2005

Municipal Court in Lebane, 28/07/2005

16/04/2010

21/10/2020

25568/20

10/06/2020

Nenad KOVAČEVIĆ

1962Commercial Court in Leskovac, 01/04/2004

Municipal Court in Lebane, 27/01/2005

Municipal Court in Lebane, 22/02/2006

15/11/2005

16/04/2010

21/10/2020

26756/20

30/05/2020

Vesna STOJANOVIĆ

1959Municipal Court in Lebane, 21/05/2002

26/08/2009

25/05/2020

26817/20

10/06/2020

Mihajlo GOLUBOVIĆ

1949Municipal Court in Lebane, 17/06/2004

Municipal Court in Lebane, 09/03/2005

Municipal Court in Lebane, 04/08/2006

02/07/2009

21/10/2020

26824/20

10/06/2020

Novica NIKOLIĆ

1958Municipal Court in Lebane, 21/04/2005

11/09/2007

18/06/2020

26886/20

30/05/2020

Jasmina KRSTIĆ

1973Municipal Court in Lebane, 15/10/2007

26/08/2009

25/05/2020

28964/20

22/05/2020

Violeta PERIĆ

1976Municipal Court in Lebane, 19/03/2009

26/08/2009

13/07/2020

32131/20

22/05/2020

Branislav - Branko STANKOVIĆ

1949Municipal Court in Lebane, 15/10/2007

26/08/2009

09/03/2020

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