Petrović and Others v. Montenegro

FIRST SECTION

Application no. 16185/22 Slavko PETROVIĆ against Montenegro and 8 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 17 October 2024 as a Committee composed of:

Krzysztof Wojtyczek , President , Lətif Hüseynov, Erik Wennerström , 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’ complaints under Article 6 § 1 of the Convention concerning the excessive length of constitutional proceedings were communicated to the Montenegrin 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 Montenegro 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 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 payment 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 14 November 2024.

Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of constitutional proceedings)

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/household

(in euros) [1]

Amount awarded for costs and expenses

per application

(in euros) [2]

16185/22

18/03/2022

Slavko PETROVIĆ

1955

Đurković Milena

Berane

24/04/2024

27/03/2024

1,200

250

29944/22

02/06/2022

Branko KOSTIĆ

1961

Vojinović Milan

Nikšić

24/04/2024

10/04/2024

1,200

250

29950/22

02/06/2022

GIM TRADE

2002

Vojinović Milan

Nikšić

24/04/2024

10/04/2024

1,200

250

38675/22

02/08/2022

Ranko VLAHOVIĆ

1968

Peković Veljko

Nikšić

24/04/2024

30/04/2024

1,200

250

42971/22

13/08/2022

(12 applicants)

Slavica PEČURICA

1967

Veljo BEGZIĆ

1966

Željko BOŠKOVIĆ

1960

Božo KEKOVIĆ

1980

Zoran MIJANOVIĆ

1968

Zoran NIKOČEVIĆ

1960

Ranko PETRANOVIĆ

1967

Goran SAVIĆEVIĆ

1988

Danko ŠĆEKIĆ

1976

Miroslav ŠĆEKIĆ

1973

Enver ŠKRIJELJ

1976

Martin ŽABELJI

1978

Bulatović Milo

Bar

24/04/2024

01/04/2024

900

250

43032/22

22/07/2022

(8 applicants)

Rafet PJETROVIĆ

1960

Ismeta BICIĆ

1964

Sadeta MUSIĆ

1955

Albin PJETROVIĆ

1983

Alsen PJETROVIĆ

1993

Asmir PJETROVIĆ

1986

Refik PJETROVIĆ

1962

Ifeta RADONČIĆ

1958

Kuč Munever

Rožaje

24/04/2024

29/04/2024

1,200

250

51080/22

19/10/2022

(3 applicants)

Household

Vera ĐURIŠIĆ

1960

Dušan ĐURIŠIĆ

1977

Velimir ĐURIŠIĆ

1979

Vojinović Milan

Nikšić

24/04/2024

10/04/2024

1,200

250

5905/23

25/01/2023

(3 applicants)

Household

Miloš VUKOVIĆ

1951

Ratka VUKOVIĆ

1949

Radmila VUKOVIĆ

1955

Damjanović Miloš

Podgorica

24/04/2024

26/04/2024

1,200

250

6294/23

28/01/2023

Predrag KRSTONIJEVIĆ

1981

Martinović Petar

Cetinje

24/04/2024

16/01/2024

1,200

250

[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.