Resolution CM/ResDH(2013)72 Motion Pictures Guarantors against Serbia Execution of the judgment of the European Court of Human Rights

(Application No. 28353/06, judgment of 08/06/2010, final on 08/09/2010)

(Adopted by the Committee of Ministers on 30 April 2013 at the 1169th meeting of the Ministers ’ Deputies)

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 the above case and to the violation established;

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 is 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 respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted in order to give effect to the judgment and noting that no award of just satisfaction was made by the Court in the present case (see document DH-DD(2013)120E );

Having satisfied itself that all the measures required 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 and

DECIDES to close the examination thereof.

Action report

Motion Pictures Guarantors v. Serbia (No. 28353/06)

judgment of 8 June 2010, final on 8 September 2010

I. Case description

The case concerns the violation of the applicant company ’ s right to a public hearing in that their request for procedural reinstatement had been rejected without a public, adversarial hearing before the competent court (violation of Article 6§1).

II. Individual measures

Reopening of the proceedings

The European Court noted that the applicant company might choose to make use of Article 422.10 of the Civil Procedure Act, which provides that a case may be reopened if the European Court has in the meantime rendered a judgment in respect of Serbia concerning the same or a similar legal issue (§§26 and 21 of the judgment).

Pursuant to the foregoing legal provision, the applicant company requested reopening of the impugned proceedings. In this respect, on 1 November 2012, the Commercial Court of Belgrade rendered a decision granting leave for their reopening. Pursuant to the foregoing decision of the Commercial Court of Belgrade, the impugned decisions of 13 September 2005, 26 September 2005 and 19 December 2005 were quashed (see details on these decisions in §§9, 11 and 13 of the judgment).

The applicant company did not claim just satisfaction in respect of non-pecuniary and pecuniary damage sustained. The European Court therefore made no award under this head.

In view of the above facts, the Government of Serbia considers that the individual measures undertaken have fully remedied the consequences of the violation of the Convention found by the European Court in this case.

III. General measures

The Government of Serbia considers that the violation of this case occurred as a result of an isolated incident. It therefore deems that the publication and dissemination of the Court ’ s judgment would suffice to prevent similar violations.

Dissemination and publication

The judgment had been translated into Serbian and its translation, together with the original in English, was published in the Official Bulletin of the Republic of Serbia (No. 42 dated 18 June 2010), as well as on the website of the Agent (www.zastupnik.mpravde.gov.rs) and on the website of the Paragraph in the co ‑ operation with the office of the Agent. The Agent also forwarded the translation of the mentioned judgment to the Supreme Court of Cassation of Serbia, which distributed the Court ’ s judgment to all courts in the country.

IV. Payment of cost and expenses

The European Court awarded the applicant only the compensation in respect of costs and expenses (EUR 1 000) in RSD equivalent. The just satisfaction was paid to the applicant on 1 November 2010.

V. Conclusion

In view of the above facts, the Government of Serbia considers that the measures adopted have fully remedied the consequences of the violation of the Convention found by the European Court in this case. Concerning the general measures, the Government of Serbia deems that the dissemination and publication of the judgment will prevent similar violations in future. Serbia has thus complied with its obligations under Article 46 paragraph 1 of the Convention.