Vujisić and Others v. Serbia

THIRD SECTION

Application no. 54050/08 Javorka VUJISIĆ v. Serbia and 9 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 15 April 2014 as a Committee composed of:

Ján Šikuta, President, Dragoljub Popović, Iulia Antoanella Motoc, judges,

and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above applications lodged between 10 October 2008 and 29 June 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants’ personal and other relevant details are set out in the appended table. The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.

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

Between 11 October 2013 and 5 February 2014 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 2,000 EUR (two thousand euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (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.

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 in accordance with Article 39 of the Convention.

Marialena Tsirli Ján Šikuta Deputy Registrar President

APPENDIX

No.

Application

no. and date of introduction

Applicant name

date of birth

nationality

Represented by

Final domestic decision details

(the seat of the relevant court and the date of the decision)

The date of the enforcement order

54050/08

10/10/2008

Javorka VUJISIĆ

24/05/1950

Serbian

Novi Sad

1 05/03/1998

2 11/05/2005

3 19/01/2006

1 12/05/1998

2 25/12/2007

3 3/01/2008

54057/08

10/10/2008

Verica IVANOVIĆ

20/01/1960

Serbian

Novi Sad

1 01/04/1998

2 17/03/2000

3 19/01/2005

4 11/05/2005

1 31/12/2007

2 11/05/2000

3 07/02/2008

4 07/02/2008

66931/09

08/10/2009

Miloš MITROVIĆ

03/07/1951

Serbian

Valjevo

29/12/2004

Enforcement requested in the insolvency proceedings (St. 346/03)

71638/12

01/11/2012

Rahim ISLAMOVIĆ

10/01/1952

Serbian

Slobodan MILANOVIĆ

Novi Pazar

15/12/2004

31/10/2007

1329/13

26/12/2012

Miroslavka BULATOVIĆ

13/08/1968

Serbian

Rodoljub MARINKOVIĆ

Novi Pazar

09/08/2010

01/12/2011

20498/13

26/02/2013

Vasvija FERIZOVIĆ

01/12/1950

Serbian

Slobodan MILANOVIĆ

Novi Pazar

22/09/2004

06/06/2006

31748/13

19/04/2013

Ranka KUVELJIĆ

31/05/1964

Serbian

Snežana JOKIĆ

Čačak

26/11/2007

18/03/2008

46288/13

17/05/2013

Danijela VASILJEVIĆ JEREMIĆ

03/06/1975

Serbian

Slobodan MILANOVIĆ

Novi Pazar

1 25/01/2005

2 20/06/2006

Novi Pazar

1 29/08/2006

2 6/01/2006

47417/13

29/06/2013

Nazim GOŠEVAC

06/08/1967

Serbian

Rodoljub MARINKOVIĆ

Novi Pazar

12/03/2009

11/07/2011

56579/13

17/12/2012

Milorad OBRADOVIĆ

30/04/1948

Serbian

Refija GARIBOVIĆ

Aranđelovac

1 18/11/2003

2 20/06/2007

3 31/01/2008

4 22/02/2008

1 13/04/2005

2,3 and 4. 11/09/2012