lagen.nu
no. 25712/23

Đorđević and Others v. Serbia

Struck out of the list

Domstol
European Court of Human Rights
Avgörandedatum
2024-10-03
ECLI
ECLI:CE:ECHR:2024:1003DEC002571223
Artiklar
6, 6-1, P1-1, 39
Källa
hudoc.echr.coe.int

Berörda konventionsartiklar

FOURTH SECTION

Application no. 25712/23 Slađana ĐORĐEVIĆ against Serbia and 4 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 and their representatives is set out in the appended table.

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

Representative’s name and location

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]

25712/23

20/06/2023

Slađana ĐORĐEVIĆ

1966

Tasić Violeta

Leskovac

29/04/2024

30/05/2024

1,000

30

28916/23

14/07/2023

Mira PANTELIĆ

1956

Garibović Refija

Novi Pazar

29/04/2024

29/03/2024

1,000

30

29295/23

20/07/2023

Dragiša ŽIVKOVIĆ

1957

Aleksić Srđan

Niš

29/04/2024

18/06/2024

1,000

30

31401/23

01/08/2023

Boban KARADŽIĆ

1970

/

29/04/2024

15/07/2024

1,000

/

33349/23

22/08/2023

Sanja ĐUKIĆ

1969

Jovanović Katarina

Čačak

29/04/2024

27/03/2024

1,000

250

[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.