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JAKOVLJEVIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA
Doc ref: 51227/16 • ECHR ID: 001-182806
Document date: April 13, 2018
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JAKOVLJEVIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA
Doc ref: 51227/16 • ECHR ID: 001-182806
Document date: April 13, 2018
Cited paragraphs only
Communicated on 13 April 2018
FOURTH SECTION
Application no. 51227/16 Anđelka JAKOVLJEVIĆ and others against Bosnia and Herzegovina lodged on 17 August 2016
SUBJECT MATTER OF THE CASE
In 2009 and 2010 the applicants obtained final domestic judgments against a privately-owned textile company, Borac -R d.o.o . Jajce , concerning unpaid salaries and the statutory social contributions. At the applicants ’ request the enforcement court made inventory of the debtor ’ s tangible property for the purpose of the public sale. The first public sale was partially successful. However, the amount obtained was distributed to the other creditors without any formal decision, thus depriving the applicants of the possibility to challenge it. By 2015, as a result of the alleged inactivity of the enforcement court in organising further sales within the prescribed time-limits and in securing the property, all the tangible property was stolen and the enforcement proceedings were suspended. The Constitutional Court found no violation of Article 6, but failed to examine the complaints under Article 13 and Article 1 of Protocol No. 1.
While the applicants could have used two domestic remedies under the 2003 Insolvency Act and the 2015 Companies Act (a winding-up petition, if judgment has not been enforced for more than 60 days from the date on which the writ of execution became final and the action for the lifting of the corporate veil), it is not clear how effective these remedies are in practice.
The case raises issues under Articles 6 and 13, and under Article 1 of Protocol No. 1.
QUESTIONS tO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, were the action for the lifting of the corporate veil under the 2015 Companies Act and a winding-up petition under the 2003 Insolvency Act, effective remedies within the meaning of this provision?
In this regard, the Government are requested to provide the relevant domestic case-law, if any.
2. Has the respondent State complied with its positive obligation to organise an effective system for enforcement of judgments, as required by Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention (see, notably, Shestakov v. Russia ( dec. ), no. 48757/99, 18 June 2002; Fuklev v. Ukraine , no. 71186/01, 7 June 2005; and Kotov v. Russia [GC], no. 54522/00, 3 April 2012)?
The Government are also requested to indicate whether the statutory social contributions for the benefit of the applicants have already been paid.
The Government are requested to submit the entire file in the enforcement proceedings pursued by the applicants and in the winding-up proceedings against Borac -R d.o.o . Jajce , if such proceedings had been opened.
The Government are further requested to indicate if there had been any criminal investigation into the theft of the debtor ’ s tangible property and if so, to submit the entire file in those proceedings.
The applicants are requested to indicate the date when their respective writs of execution became final.
3. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 6 of the Convention and Article 1 of Protocol No. 1, as required by Article 13 of the Convention?
N o .
Applicant
Birth year
Place of residence
Nationality
Represented by
Anđelka JAKOVLJEVIĆ
1970Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Anđa
BAKOVIĆ
1951Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Celija
BARIŠIĆ
1954Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Faruk
BEGOVIĆ
1976Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Senija
BEGOVIĆ
1957Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Lutvija
BEHARIĆ
1953Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Zijad
BEHARIĆ
1951Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Mara
BEÅ LIJA
1947Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Senija
ĆANO
1951Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Marko
ÄŒAVAR
1954Jajce
Bosnia and Heregovina
Delisa MA DŽO
Amela
ČELALIĆ
1978Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Nasima
ĆOSIĆ
1954Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Sedina
CRNKIĆ
1956Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Derviša
GLUHIĆ
1956Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Manda
HAJDER
1965Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Amela
HALABA
1979Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Å emsa
JAŠAREVIĆ
1956Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Ruža
JELICA
1964Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Enisa
JUSIĆ
1963Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Sabiha KARABAŠIĆ
1966Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Ana
LADAN
1949Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Anđa
LADAN
1952Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Svjetlana
LADAN
1966Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Aida
MAGLIĆ
1959Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Ajša
MALKOČ
1949Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Slavica MARJANOVIĆ
1973Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Azra
NEÅ UST
1958Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Đevahira
ŠAHIĆ
1956Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Ana
SAMARDŽIĆ
1963Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Halida
TUTIĆ
1957Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Ljiljana
VUJIČIĆ-PETROVIĆ
1951Jajce
Bosnia and Herzegovina
Delisa MA DŽO
Nela
ZJAJO
1968Jajce
Bosnia and Herzegovina
Delisa MA DŽO
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