European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2012/899.html
Cite as: [2012] ECHR 899
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SECOND SECTION
DECISION
Application no.
32635/10
Dragica RADIVOJEVIĆ against Serbia
and 13 other
applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 10 May 2012 as a Committee composed of:
András Sajó, President
Dragoljub
Popović,
Paulo
Pinto de Albuquerque,
judges,
and
Françoise Elens-Passos, Deputy
Section Registrar,
Having regard to the above applications lodged between 27 and 28 May 2010,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
All of the applicants are Serbian nationals (for additional personal details see the appended table). The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
Relying on Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to fully enforce final court decisions rendered in their favour against the same “socially-owned” company DP “Zorka Poliplast” from Šabac. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 5 December 2011 and 21 December 2011 the Court received 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 against an undertaking by the Government to pay each of them 2,000 (two thousand) euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 39 § 3 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 parties, furthermore, agreed that within the said three-month period the Government will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings.
These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.
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 ( Article 39). 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 applications (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 András Sajó
Deputy
Registrar President
|
No. |
Application no. |
Lodged on |
Applicant name date of birth place of residence |
Final domestic decision (issuing authority / case no., adopted on) |
Enforcement order (enforcement authority, case no.) |
|
|
32635/10 |
28/05/2010 |
Dragica RADIVOJEVIĆ 15/04/1957 Šabac
|
Municipal Court in Šabac P. 3307/06 of 6 July 2006 |
Enforcement requested in the insolvency proceedings (potraZivanje prijavljeno u stečajnom postupku) on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32638/10 |
27/05/2010 |
Gordana MARIĆ 16/02/1957 Šabac
|
Municipal Court in Šabac III R. 612/06 of 8 August 2006 III R. 613/06 of 18 September 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32640/10 |
28/05/2010 |
Zivka GLADOVIĆ 15/01/1951 Šabac
|
Municipal Court in Šabac III R. 611/06 of 18 September 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32646/10 |
28/05/2010 |
Zoran POPADIĆ 29/04/1966 Cerovac
|
Municipal Court in Šabac III R. 383/06 of 4 May 2006 III R. 382/06 of 16 May 2006
|
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32650/10 |
28/05/2010 |
Zoran DIMITRIJEVIĆ 11/08/1958 Šabac
|
Municipal Court in Šabac III R. 485/06 of 5 July 2006 III R. 487/06 of 5 July 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32669/10 |
28/05/2010 |
Radislav ĐURIĆ 23/10/1955 Cerovac
|
Municipal Court in Šabac III R. 277/06 of 12 May 2006 III R. 290/06 of 16 May 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32678/10 |
28/05/2010 |
Slobodan RADIVOJEVIĆ 08/04/1956 Šabac
|
Municipal Court in Šabac III R. 297/06 of 4 May 2006 P. 334/06 of 6 July 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32724/10 |
27/05/2010 |
Slobodan STEPIĆ 06/12/1958 Šabac
|
Municipal Court in Šabac P. 257/06 of 16 May 2006 III R. 284/06 of 16 May 2006
|
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
32750/10 |
27/05/2010 |
Stanimir VASIĆ 20/03/1956 Šabac
|
Municipal Court in Šabac P. 329/06 of 16 May 2006 III. R. 295/06 of 4 May 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
45790/10 |
28/05/2010 |
Dragan PAVLOVIĆ 22/07/1956 Šabac
|
Municipal Court in Šabac P. 331/06 of 23 May 2006 |
Enforcement requested in the insolvency proceedings (potraZivanje prijavljeno u stečajnom postupku) on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
45812/10 |
28/05/2010 |
Milovan GAVRILOVIĆ 12/11/1964 Mala Vranjska
|
Municipal Court in Šabac III. R. 267/06 of 12 May 2006 III. R. 298/06 of 16 May 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
45814/10 |
28/05/2010 |
Dragoljub MILETIC 11/12/1955 Šabac
|
Municipal Court in Šabac P. 990/02 of 4 July 2002 |
Enforcement requested in the insolvency proceedings Commercial Court in Valjevo (I. St. 37/06 of 13/10/2006) |
|
|
45816/10 |
28/05/2010 |
Stamenka VASIĆ 17/03/1958 Šabac
|
Municipal Court in Šabac P. 333/06 of 16 May 2006 |
Enforcement requested in the insolvency proceedings on 13/11/2006 Commercial Court in Valjevo (I. St. 37/06) |
|
|
45817/10 |
28/05/2010 |
Ljubisav LUKIĆ 27/07/1958 Šabac
|
Municipal Court in Šabac P. 4484/01 of 17 May 2002 |
Enforcement requested in the insolvency proceedings Commercial Court in Valjevo (I. St. 37/06 of 13/10/2006) |