Preković and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 16659/23 Branka PREKOVIĆ against Serbia and 16 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 3 October 2024 as a Committee composed of:
Anne Louise Bormann , President , Sebastian Răduleţu, Mateja Đurović , judges ,
and Viktoriya Maradudina, Acting 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 list of applicants is set out in the appended table.
The applicants were represented by Mr M. Zečević, 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 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 24 October 2024.
Viktoriya Maradudina Anne Louise Bormann 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
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]
16659/23
11/04/2023
Branka PREKOVIĆ
1986
12/09/2024
07/08/2024
1,000
30
16661/23
12/04/2023
Radivoje PREKOVIĆ
1975
12/09/2024
07/08/2024
1,000
30
16662/23
12/04/2023
Savo SOVTIĆ
1981
12/09/2024
07/08/2024
1,000
30
17844/23
13/04/2023
Mileva MÜLLER
1953
12/09/2024
07/08/2024
1,000
30
17984/23
18/04/2023
Zlatko MARINKOVIĆ
1973
12/09/2024
07/08/2024
1,000
30
17985/23
18/04/2023
Dragan PAVLOVIĆ
1974
12/09/2024
07/08/2024
1,000
30
17987/23
19/04/2023
Rada ANĐELKOVIĆ
1974
12/09/2024
07/08/2024
1,000
30
17988/23
19/04/2023
Siniša ILIĆ
1966
12/09/2024
07/08/2024
1,000
30
17989/23
19/04/2023
Milivoje FIŠEKOVIĆ
1964
12/09/2024
07/08/2024
1,000
30
25931/23
19/06/2023
Vladimir CVETANOVIĆ
1952
12/09/2024
07/08/2024
1,000
30
25932/23
19/06/2023
Zorica IVANOVIĆ
1971
12/09/2024
07/08/2024
1,000
30
26460/23
20/06/2023
Stojana MAKSIĆ
1964
12/09/2024
07/08/2024
1,000
30
26463/23
22/06/2023
Danica PETIĆ
1955
12/09/2024
07/08/2024
1,000
30
26475/23
20/06/2023
Rajka RADOVANOVIĆ
1964
12/09/2024
07/08/2024
1,000
30
27035/23
27/06/2023
Anđelko DOMIJAN
1954
12/09/2024
07/08/2024
1,000
30
31369/23
04/08/2023
Maja OBRIĆ
1977
12/09/2024
07/08/2024
1,000
30
39459/23
24/10/2023
Miodrag LAZIĆ
1954
12/09/2024
07/08/2024
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.