European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/676.html
Cite as: [2011] ECHR 676
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SECOND SECTION
DECISION
Applications nos.
18501/06, 21475/07, 21477/07, 21553/07, 21555/07, 21577/07, 21582/07
and 21587/07
by Zivota MILOSAVLJEVIĆ
against Serbia
The European Court of Human Rights (Second Section), sitting on 29 March 2011 as a Committee composed of:
Ireneu
Cabral Barreto,
President,
Dragoljub
Popović,
András
Sajó,
judges,
and
Françoise Elens-Passos, Deputy
Section Registrar,
Having regard to the above applications lodged on 11 April 2006, 23 September 2006 and 3 April 2007
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applications were all lodged by Mr Zivota Milosavljević, a Montenegrin national who was born in 1954 and lives in Bar, Montenegro. He was represented before the Court by Mr D. Milosavljević, his son. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić. The Montenegrin Government were invited to intervene in the case, but have chosen not to exercise this right.
Each application concerned a separate domestic case, in which the domestic courts rendered judgments in the applicant’s favour, but failed to enforce them. The applicant complained under Article 6 § 1 of the Convention about the failure of the domestic courts to enforce those judgments, as well as of the absence of an effective domestic remedy in this regard.
On 8 November 2010 and 20 December the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Serbia in respect of the facts giving rise to those applications against an undertaking by the Government to pay him a single sum of 7,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 case.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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 its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
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.
Françoise Elens-Passos Ireneu
Cabral Barreto
Deputy
Registrar President