Kovačević and Others v. Serbia

THIRD SECTION

Application no. 49235/15 Vukosava KOVAČEVIĆ against Serbia and 4 other applications (see list appended)

The European Court of Human Rights (Third Section), sitting on 10 October 2017 as a Committee composed of:

Pere Pastor Vilanova, President, Branko Lubarda, Georgios A. Serghides, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants are all Serbian nationals. They were all represented by Ms D. Brkić, a lawyer practising in Šabac. The applicants’ additional personal details are set out in the appended table.

The Serbian Government (“the Government”) were represented by their Agent, Ms N. Plavšić.

The applicants complained about the length of enforcement proceedings which lasted between 10 April 2008 and 9 March 2012.

On 5 September 2016 and 7 June 2017 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 EUR 1,100 (one thousand and one hundred euros) to cover any non-pecuniary damage, less any amounts which may have already been paid in that regard at the domestic level, as well as EUR 500 (five hundred euros) each to cover any costs and expenses, which sums 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. They 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. 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.

Done in English and notified in writing on 9 November 2017.

Fatoş Aracı Pere Pastor Vilanova Deputy Registrar President

APPENDIX

No.

Application nos.

Lodged on

Applicant

Date of birth

Place of residence

49235/15

02/09/2015

Vukosava KOVAČEVIĆ

29/08/1946

Šabac

49440/15

02/09/2015

Marica PETROVIĆ

25/12/1950

Šabac

49727/15

02/09/2015

Slobodanka KRSTIĆ

21/01/1945

Šabac

49734/15

02/09/2015

Slobodanka ADŽAMOVIĆ

09/03/1950

Šabac

53050/15

04/08/2015

Milica PETROVIĆ

18/10/1948

Šabac