Majstorac and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 55106/22 Dragan MAJSTORAC against Serbia and 27 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 12 October 2023 as a Committee composed of:
Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the 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 list of applicants is set out in the appended table.
The applicants were represented by Ms A. Luković, a lawyer practising in Belgrade. .
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”). The complaints based on the same facts were also communicated under Article 13 of the Convention (see appended table).
The Court received the 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, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above ‑ mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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 16 November 2023.
Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1
(non-enforcement of domestic decisions given against socially/State-owned companies)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
per applicant
(in euros) [1] 2
Amount awarded for
costs and expenses
per application
(in euros) 3
55106/22
17/11/2022
Dragan MAJSTORAC
1954
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
250
55118/22
21/11/2022
Ondrej ČERVENJI
1963
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
250
55123/22
21/11/2022
Hana SABADOŠ
1957
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
250
55131/22
21/11/2022
Tamara VANOVIĆ
1979
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55132/22
17/11/2022
Dragomir MARKOVIĆ
1948
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55137/22
17/11/2022
Mita VUKOVIĆ
1950
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55142/22
17/11/2022
Mlađen RADOVIĆ
1954
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55156/22
21/11/2022
Nada PETROVAČKI
1962
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55167/22
17/11/2022
Zorica ASURDŽIĆ
1958
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55177/22
17/11/2022
Ljeposava AKIK
1951
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55184/22
17/11/2022
Slavica STOJANOVIĆ
1964
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55205/22
21/11/2022
Nadežda RAŠIĆ
1959
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55211/22
17/11/2022
Miroslav ŽIVANKOV
1976
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55218/22
17/11/2022
Vladanka ZEC
1963
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55221/22
17/11/2022
Dušan POPOV
1953
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55224/22
17/11/2022
Nenad BARAČKOV
1959
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55252/22
17/11/2022
Dragan VUČIĆ
1973
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55255/22
17/11/2022
Zlatibor STOJANOVIĆ
1955
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55256/22
17/11/2022
Aleksandra POPOVIĆ
1955
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55260/22
17/11/2022
Dragan MIĆIĆ
1963
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55266/22
17/11/2022
Đuro PUCAR
1948
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55271/22
17/11/2022
Velibor MILOVIĆ
1961
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55274/22
17/11/2022
Zoran BOGOJEVIĆ
1966
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55278/22
17/11/2022
Zoran UČUR
1961
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55294/22
17/11/2022
Dragan DIKIĆ
1955
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55298/22
17/11/2022
Dragan NIKOLČIĆ
1945
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55302/22
17/11/2022
Dušanka NIKOLIĆ
1951
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
55311/22
17/11/2022
Nada GRGIĆ
1957
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court
03/07/2023
10/07/2023
1,000
30
[1] Plus any tax that may be chargeable to the applicants.
2 Less any amounts which may have already been paid in that regard at the domestic level.
3 Plus any tax that may be chargeable to the applicants.