FOURTH SECTION

DECISION

Application no. 13353/19 Vitomir AKSIĆ against Serbia

(see appended table)

The European Court of Human Rights (Second Section), sitting on 10 November 2022 as a Committee composed of:

Armen Harutyunyan , President , Anja Seibert-Fohr, Ana Maria Guerra Martins , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 February 2019,

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 applicant’s details are set out in the appended table.

The applicant was represented by Mr L. Uljarević, a lawyer practising in Kragujevac.

The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of a domestic decision given against a socially/State-owned company were communicated to the Serbian Government (“the Government”).

THE LAW

Having examined all the material before it, the Court considers that the applicant’s complaints about the non-enforcement of the domestic decision under consideration are inadmissible since he has failed to use the remedies provided for by the Right to a Trial within a Reasonable Time Act ( Zakon o zaštiti prava na suđenje u razumnom roku , Official Gazette no. 40/2015). The Court held in Stanković v. Serbia ((dec.), no. 41285/19, § 22, 3 December 2019) that the applicant who had used the said remedies had lost her status as a “victim” within the meaning of Article 34 of the Convention. The present applicant has not explained why those remedies would have been inadequate or ineffective in his case.

In view of the above, the Court finds that these complaints are inadmissible for non-exhaustion of domestic remedies and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 1 December 2022.

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

Application 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)

Application no.

Date of introduction

Applicant’s name

Year of birth

Relevant domestic decision

Start date of non-enforcement period

End date of non-enforcement period

Length of enforcement proceedings

13353/19

22/02/2019

Vitomir AKSIĆ

1951Commercial Court

in Kragujevac, 29/10/2010

29/10/2010

pending

More than 10 year(s) and 3 month(s) and 27 day(s)