Communicated on 25 August 2014

THIRD SECTION

Application no. 43700/14 Ljiljana PETROVIĆ against Serbia lodged on 2 June 2014

STATEMENT OF FACTS

The applicant, Ms Ljiljana Petrović, is a Serbian national, who was born in 1958 and lives in Pančevo. She is represented before the Court by Mr D. Autišer, a lawyer practising in Pančevo.

A. The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows:

1. The civil, the enforcement and the insolvency proceedings

On 12 August 1992 and 28 April 1994 the Municipal Court ( Opštinski sud ) in Pančevo ruled in favour of the applicant and ordered a socially-owned company, DP “Utva-Aluminium” (“the debtor”), to pay her certain amounts on account of salary arrears and the costs of the proceedings. These judgments became final on 18 July 1993 and 12 August 1994, respectively.

On 6 April 1998 the Municipal Court ordered the enforcement of the judgment of 12 August 1992 and on 10 December 1999 it ordered the enforcement of the judgment of 28 April 1994.

On 11 January 2008 the Commercial Court ( Trgovinski sud ) in Pančevo instituted insolvency proceedings against the debtor. The applicant duly reported her claim on account of the outstanding judgment debts.

On 6 April 2010 the Commercial Court terminated the bankruptcy proceedings against the debtor. On 29 October 2010 the debtor was struck from the relevant public registries.

The court judgments issued in the applicant ’ s favour remain only partially enforced.

2. The constitutional appeal proceedings

On 12 February 2010 the applicant lodged a constitutional appeal.

On 24 October 2013 the Constitutional Court ( Ustavni sud ) of the Republic of Serbia found a breach of the applicant ’ s right to a hearing within a reasonable time with respect to the enforcement of the judgments of 12 August 1992 and 28 April 1994. It awarded the applicant 600 euros on account of the non-pecuniary damages to be paid from the budget of the Ministry of Justice and State Administration. In addition, the court ordered the payment of the outstanding judgment debts. This decision was served on the applicant on 5 December 2013.

On 12 December 2013 the applicant lodged a request for the payment of damages awarded by the Constitutional Court with the Public Defender ’ s Office.

The Constitutional Court decision remains unenforced to the present date.

COMPLAINT

The applicant complains under Article 6 of the Convention about the non-enforcement of the judgments rendered in her favour against a socially-owned company.

QUESTIONS TO THE PARTIES

1. May the applicant claim to be victim of a violation of the Convention within the meaning of Article 34 of the Convention considering the amount of the award on account of the non-pecuniary damages, the length of the proceedings before the Constitutional Court and the fact that the Constitutional Court decision rendered in her favour has not yet been executed (see Scordino v. Italy (no. 1) [GC], no. 36813/97, § 194-207, ECHR 2006-V; Musci v. Italy [GC], no. 64699/01, § 86-99, ECHR 2006-V; Cocchiarella v. Italy [GC], no. 64886/01, § 85-98, ECHR 2006-V)?

2. If so, has there been a violation of the applicant ’ s right under Article 6 § 1 of the Convention on account of the non-enforcement of judgments rendered in her favour against a socially-owned company?

3. Lastly, the Government are invited to submit any and all secondary legislation regulating the procedure for the payment of damages awarded by the Constitutional Court.