Frank and Others v. Serbia

THIRD SECTION

Application no. 15178/19 Đura FRANK and Ivan FRANK against Serbia and 7 other applications (see appended table)

The European Court of Human Rights (Third Section), sitting on 6 February 2025 as a Committee composed of:

Oddný Mjöll Arnardóttir , President , Úna Ní Raifeartaigh, 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 concerning the excessive length of constitutional proceedings 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 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 6 March 2025.

Viktoriya Maradudina Oddný Mjöll Arnardóttir 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/ registration

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] 2

Amount awarded for costs and expenses per application

(in euros) 3

15178/19

14/03/2019

(2 applicants)

Household

Đura FRANK

1970

Ivan FRANK

1964

Reljić Miroslav

Belgrade

03/09/2024

05/08/2024

1,800

250

28200/21

25/05/2021

Dragan ERČIĆ

1968

/

03/09/2024

18/10/2024

1,200

/

38980/22

22/07/2022

(3 applicants)

Murat LEKPEK

1958

Sabit ARIFOVIĆ

1945

Hazir KOCA

1951

Jolović Nemanja

Belgrade

03/09/2024

25/09/2024

1,200

250

21535/23

19/05/2023

Steva RADOSAVLJEVIĆ

1975

Pavlović Mihailo

Belgrade

03/09/2024

21/06/2024

1,200

250

26199/23

09/06/2023

(5 applicants)

Household

Marija MILANOVIĆ

1995

Aleksandra MILANOVIĆ

1997

Ivana MILANOVIĆ

2000

Dragana MILANOVIĆ

1967

Miloš MILANOVIĆ

2003

/

03/09/2024

12/12/2024

1,500

/

942/24

22/12/2023

VIJ-KOM DOO

1992

Arambašić Stevan

Novi Sad

03/09/2024

10/09/2024

4,200

250

1656/24

25/12/2023

Dragoslav MITIĆ

1969

Gluščević Maja

Niš

03/09/2024

02/10/2024

1,500

250

4640/24

29/01/2024

Draginja SAVIĆ

1943

Arsić Milunka

Požega

03/09/2024

21/06/2024

1,800

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.