Lazarević and Others v. Serbia

10

THIRD SECTION

Application no. 74163/10 Milan LAZAREVIĆ against Serbia and 10 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 25 November 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 16 November 2010 and 24 September 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 30 July and 15 September 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), less any amounts which may have already been paid in that regard at the domestic level, 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.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Final domestic decision details

Enforcement order details

74163/10

16/11/2010

Milan LAZAREVIĆ

03/07/1954

Šabac

Municipal Court in Šabac

3 July 2003

The Court of First Instance in Šabac

10 January 2012

75097/10

30/11/2010

Ratko JOVIČIĆ

16/07/1956

Šabac

Municipal Court in Šabac

6 October 2003

The Court of First Instance in Šabac

21 March 2012

6954/12

27/12/2011

Zoran ERCEGOVČEVIĆ

27/12/1964

Dublje

Commercial Court in Valjevo

26 November 2009

Commercial Court in Valjevo

26 November 2009

19276/12

21/03/2012

Jovan KOJIĆ

28/09/1948

Šabac

Stanoje PANTELIĆ

Municipal Court in Šabac

15 November 2006

29 November 2007

15 September 2008

Municipal Court in Šabac

1 February 2007

24 July 2008

26 May 2009

25738/12

26/03/2012

Milan ALFIREVIĆ

03/11/1947

Šabac

Municipal Court in Šabac

21 March 2005

16 June 2006

Municipal Court in Šabac

18 January 2007

8 January 2007

25743/12

26/03/2012

Gordana MITRAŠINOVIĆ

02/09/1960

Šabac

Municipal Court in Šabac

4 June 2004

24 March 2005

17 October 2005

Municipal Court in Bogatić

11 September 2006

Municipal Court in Šabac

28 August 2007

8 January 2007

25749/12

26/03/2012

Slavoljub MAŠIĆ

14/09/1949

Lipolist

Municipal Court in Šabac

24 March 2005

24 October 2005

Municipal Court in Šabac

5 April 2007

54266/12

18/08/2012

Džemka BIŠEVAC

08/07/1963

Novi Pazar

Rešat ČAKARA

Municipal Court in Novi Pazar

19 October 2007

Municipal Court in Novi Pazar

5 December 2007

6758/13

10/01/2013

Dragoslav NEDELJKOVIĆ

05/07/1952

Novi Pazar

Vesna CUKAVAC

Municipal Court in Novi Pazar

20 March 2003

19 September 2005

Municipal Court in Novi Pazar

6 May 2004

16 February 2006

62738/13

16/09/2013

Radisav SENDRIĆ

03/08/1960

Novi Pazar

Ramiza ĐAKOVAC

The Court of First Instance in Novi Pazar

17 February 2010

The Court of First Instance in Novi Pazar

11 July 2011

65427/13

24/09/2013

Muratka SEJDOVIĆ

23/01/1961

Novi Pazar

Rodoljub MARINKOVIĆ

Municipal Court in Novi Pazar

23 April 2008

The Court of First Instance in Novi Pazar

30 June 2011