Tutic v. Serbia and Other Applications

SECOND SECTION

Application no. 47893/08 Sadija TUTIĆ against Serbia and 14 other applications

The European Court of Human Rights (Second Section), sitting on 14 February 2012 as a Committee composed of:

András Sajó, President, Dragoljub Popović, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above applications lodged between 25 September 2008 and 3 December 2010,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

PROCEDURE

The applicants are Serbian nationals (for additional personal details see the appended table). The applicants in cases nos. 47893/08, 54115/08, 55600/08, 55602/08, 55610/08, 55614/08, 55617/08, 55618/08, 59304/08 and 75080/10 were represented before the Court by Ms R. Garibović while the applicants in cases nos. 67072/09 and 67246/09 were represented before the Court by Ms N. Miljaljević. Both lawyers are practising in Novi Pazar. The applicant in case no. 60714/08 was represented before the Court by Mr M. Lalić and Mr N. Lalić, lawyers practising in Belgrade, and the applicant in case no. 17175/09 was represented before the Court by Mr M. Jevtović, a lawyer practising in Užice. The applicant in case no. 56326/08 did not have a representative before the Court. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.

Relying on various Articles of the Convention, the applicants essentially complained about the respondent State’s failure to fully enforce final judgments rendered in their favour against several socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 27 October 2011 and 22 November 2011 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them the amounts specified in the appended table to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The parties, furthermore, agreed that within the said three-month period the Government will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings.

These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.

THE LAW

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court unanimously

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Françoise Elens-Passos András Sajó Deputy Registrar President

No.

Application

no.

Lodged on

Applicant name

date of birth

place of residence

Company name, seat, other information

Final domestic decision (issuing authority / case no., adopted on)

Enforcement order (enforcement authority, case no. date of order)

Non-pecuniary damage/costs and expenses

47893/08

25/09/2008

Šadija TUTIĆ

20/05/1955

Novi Pazar

“Raška” Pamučna predionica”, DOO, Novi Pazar,

Under restructuring since 02/11/2004

Municipal Court in Novi Pazar

P1.1144/06 of 11 October 2007

Municipal Court in Novi Pazar

I. 174/08 of 22/02/2008

Enforcement request was dismissed due to the restructuring of the company

3,100 euros

54115/08

06/10/2008

Sabahudin HADŽIĆ

02/10/1965

Novi Pazar

“Raška” Viskozna predionica”, DOO, Novi Pazar, Under restructuring since 02/11/2004

Municipal Court in Novi Pazar

P1. 10/07 of 24 September 2007

Municipal Court in Novi Pazar

I. 638/08 of 09/06/2008

Enforcement request was dismissed due to the restructuring of the company

3,100 euros

55600/08

17/10/2008

Rada BOGDANOVIĆ

16/02/1953

Čačak

DP Modna Konfekcija “Prvi Oktobar”, Čačak, Under insolvency since 19/11/2002

Municipal Court in Čačak

P1. 1076/99 of 05 February 2001

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )

Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)

3,600 euros

55602/08

17/10/2008

Dragomir BOŠKOVIĆ

25/01/1970

Kraljevo

DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002

Municipal Court in Čačak

P1. 1076/99 of 05 February 2001

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečanjnom postupku )

Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)

3,600 euros

55610/08

17/10/2008

Jordan TIMOTIJEVIĆ

15/05/1949

Čačak

DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002

Municipal Court in Čačak

P1. 1076/99 of 05 February 2001

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )

Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)

3,600 euros

55614/08

17/10/2008

Mirjana KARANAC

27/05/1954

Čačak

DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002

Municipal Court in Čačak

P1. 1076/99 of 05 February 2001

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )

Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)

3,600 euros

55617/08

17/10/2008

Vera ŽIVANOVIĆ

02/06/1955

Čačak

DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002

Municipal Court in Čačak

P1. 1076/99 of 05 February 2001

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )

Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)

3,600 euros

55618/08

17/10/2008

Selimir OSTOJIĆ

02/08/1942

Čačak

DP Modna Konfekcija “Prvi Oktobar”, Čačak, in insolvency since 19/11/2002

Municipal Court in Čačak

P1. 1076/99 of 05 February 2001

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )

Commercial Court in Čačak (I. St. 221/02 of 19/11/2002)

3,600 euros

56326/08

15/11/2008

Gordana ANTANASOV

09/09/1975

Bosilegrad

HK PK “Yumco” AD, Vranje,

Under restructuring since 10/01/2011

1 Municipal Court in Bosilegrad

P1. 27/07 of 28 April 2007

2 Municipal Court in Bosilegrad

P. 26/07 of 30 May 2007

1 Municipal Court in Vranje

I. 178/08 of 14/02/2008

2 Municipal Court in Vranje

I. 964/07 of 13/02/2008

3,640 euros

59304/08

23/10/2008

Senada GANIĆ

11/11/1969

Novi Pazar

“Raška”- Pamučna predionica, DOO,

Novi Pazar,

Under restructuring since 02/11/2004

1 Municipal Court in Novi Pazar

P1. 338/03 of 25 August 2003

2 Municipal Court in Novi Pazar

P1. 107/04 of 5 January 2005

3 Municipal Court in Novi Pazar

P1. 500/05 of 20 December 2005

4 Municipal Court in Novi Pazar

P1. 664/07 of 23 November 2007

1 Municipal Court in Novi Pazar

I. 1045/03 of 15/12/2003 (on 7 May 2008 the domestic court stayed this enforcement proceedings due to the fact that company is under restructuring)

2 Municipal Court in Novi Pazar

I. 609/05 of 21/06/2005

I. 680/06 of 24/05/ 2006

3 Municipal Court in Novi Pazar

I. 340/06 of 3/04/2006

4 Municipal Court in Novi Pazar

I. 154/08 of 18/02/2008 (Enforcement request was dismissed due to the restructuring of the company)

3,100 euros

60714/08

04/12/2008

Duško TOVILOVIĆ

15/02/1963

Beograd

“Ivo Lola Ribar Sistem” A.D., Beograd. Under restructuring since 23/07/2003

II Municipal Court in Belgrade

V-P-7089/95 of 28 June 2005

IV Municipal Court in Belgrade

I-XVI- 1271/05 of 08/09/2005

(the enforcement proceeding was stayed on 05 October 2005 due to the restructuring of the company)

6,750 euros

17175/09

12/03/2009

Momčilo ALEKSIĆ

31/10/1956

Mačkat

IMR-Rakovica, Beograd. Under restructuring since 23/02/2005

Municipal Court in Čajetina

P. 91/98 of 24 December 1998

Municipal Court in Čajetina

I. 252/03 of 6 November 2003

2,300 euros

67072/09

16/11/2009

Enisa SARAČEVIĆ

22/11/1965

Novi Pazar

“Vojin Popović-Domaća Radinost”, DOO, Novi Pazar, Under insolvency since 28/10/2005 Commercial Court in Užice (I. St. 35/06)

Municipal Court in Novi Pazar

P1. 83/03 of 23 April 2003

Municipal Court in Novi Pazar

I. 727/03 of 13/08/2003

3,100 euros

67246/09

16/11/2009

Safija BIHORAC

20/10/1956

Novi Pazar

“Vojin Popović-Domaća Radinost”, DOO, Novi Pazar, Under insolvency since 28/10/2005 Commercial Court in Užice (I. St. 35/06)

Municipal Court in Novi Pazar

P1. 318/03 of 2 September 2003

Municipal Court in Novi Pazar

I. 1002/03 of 15/12/2003

3,100 euros

75080/10

03/12/2010

Bahtijar REDŽIĆ

20/01/1951

Novi Pazar

DP “Iskra –Proizvodnja akumulatora” , Novi Pazar, Under Insolvency since 21/01/2004

Municipal Court in Novi Pazar

P1. 543/02 of 28 October 2003

Enforcement requested in the insolvency proceedings ( potraživanje prijavljeno u stečajnom postupku )

Commercial Court in Kraljevo (I. St. 2032/03 of 21/01/2004)

3,100 euros