BURMAZ proti Srbsku

SECOND SECTION

DECISION

Application no. 33949/21
Milan BURMAZ
against Serbia

(see appended table)

The European Court of Human Rights (Second Section), sitting on 6 October 2022 as a Committee composed of:

Jovan Ilievski, President,

Gilberto Felici,

Diana Sârcu, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 June 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr R. Kojić, a lawyer practising in Belgrade.

The applicant’s 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 LAW

The Court notes that the applicant died before the application was lodged on his behalf (the relevant dates are set out in the appended table). In accordance with Article 34 of the Convention and the Court’s case-law, applications can only be lodged by, or in the name of, individuals who are alive. Thus, in a number of cases where the direct victim died prior to the submission of the application, the Court has not accepted that the direct victim, even when represented, had standing as an applicant for the purposes of Article 34 (see, among many other authorities, Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, § 96, ECHR 2014).

Therefore, the application is incompatible ratione personae with the provisions of the Convention within the meaning of Article 35 § 3 and must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 27 October 2022.

Viktoriya Maradudina Jovan Ilievski
Acting Deputy Registrar President

APPENDIX

Application 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)