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POPOVIĆ AND OTHERS v. SERBIA and 2 other applications
Doc ref: 7792/17;36588/17;84712/17 • ECHR ID: 001-220739
Document date: October 13, 2022
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POPOVIĆ AND OTHERS v. SERBIA and 2 other applications
Doc ref: 7792/17;36588/17;84712/17 • ECHR ID: 001-220739
Document date: October 13, 2022
Cited paragraphs only
Published on 2 November 2022
SECOND SECTION
Application no. 7792/17 Ljubiša POPOVIĆ and Others against Serbia and 2 other applications (see list appended) communicated on 13 October 2022
SUBJECT MATTER OF THE CASE
The applications concern the allegedly inconsistent case-law of the domestic courts. The applicants brought civil proceedings against their employer seeking compensation for work organised in shifts. The Požarevac Court of First Instance dismissed their claims. Those judgments were upheld by the Kragujevac Court of Appeal. The Constitutional Court rejected the applicants’ constitutional appeals.
The applicants complain under Article 6 § 1 of the Convention about the conflicting case-law on the matter: they submit a number of decisions showing that some courts allowed their colleagues’ identical claims.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, did they furnish the Constitutional Court with the examples of inconsistent case-law of the domestic courts on which they rely before this Court (see Golubović and Others v. Serbia (dec.), nos. 10044/11 and 8 others, § 43, 17 September 2013)?
2. Has there been a violation of the applicants’ right to a fair hearing, guaranteed by Article 6 § 1 of the Convention, on account of the inconsistent case-law of the domestic courts (see, for example, Lupeni Greek Catholic Parish and Others v. Romania [GC], no. 76943/11, § 116, 29 November 2016)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant Year of birth
Represented by
1.
7792/17
Popović and Others v. Serbia
18/01/2017
Ljubiša POPOVIĆ 1966 Mijomir PEJOVIĆ 1964 Draško ŽIVANOVIĆ 1974
Maja DOBRIĆ
2.
36588/17
Lazić and Others v. Serbia
12/05/2017
Zlatan LAZIĆ 1961 Prvoslav STOKIĆ 1959 Radiša STOKIĆ 1961 Mita GAVRILOV 1961
Maja DOBRIĆ
3.
84712/17
Mirkovski and Others v. Serbia
06/12/2017
Miodrag MIRKOVSKI 1968 Dejan BLAGOJEVIĆ 1968 Vladoje GRUJIĆ 1966 Slađan MARINKOVIĆ 1967 Zoran JEVREMOVIĆ 1955
Vera TOMOVIĆ
(not lawyer)
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