Resolution CM/ ResDH (2020)184

Execution of the judgments of the European Court of Human Rights

Ali šić and Others against Serbia and Slovenia [1]

(Adopted by the Committee of Ministers on 3 September 2020 at the 1377bis meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

60642/08

ALIŠIĆ AND OTHERS

16/07/2014

Grand Chamber

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violations established in respect of Serbia of the applicant ’ s right to peaceful enjoyment of his property on account of his inability to recover his “old” foreign-currency savings and the lack of an effective remedy in this respect;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the Government of the Serbia to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the communication provided by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)738 );

Noting that the Committee of Ministers ’ final resolution in this case is entirely without prejudice to the European Court ’ s conclusions in other cases brought before it, including those addressing the issue of responsibility for repayment of deposits which were transferred to restricted privatisation accounts in accordance with the legislation of Bosnia and Herzegovina;

Having satisfied itself that all the measures required of Serbia by Article 46, paragraph 1, have been adopted ,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case as far as Serbia is concerned and

DECIDES to close the examination thereof in respect of Serbia.

[1] The examination of this case in respect of Slovenia was closed by Resolution CM/ ResDH ( 2018)111 .