Přehled

Text rozhodnutí
Datum rozhodnutí
22.9.2022
Rozhodovací formace
Významnost
3
Číslo stížnosti / sp. zn.

Rozhodnutí

SECOND SECTION

DECISION

Application no. 34855/21
Vladan KOCIĆ against Serbia
and 13 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 22 September 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 applications lodged on the date 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 were represented by Mr S. Aleksić, a lawyer practising in Niš.

The applicants’ 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 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 Government also undertake to ensure the enforcement of the domestic decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.

The payment and the enforcement of the domestic decisions in the cases concerned 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 13 October 2022.

Viktoriya Maradudina Jovan Ilievski
Acting Deputy Registrar President



APPENDIX

List of applications 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)

No.

Application no.
Date of introduction

Applicant’s name

Year of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage per applicant

(in euros)1 2

Amount awarded for costs and expenses per application

(in euros)3

34855/21

25/06/2021

Vladan KOCIĆ

1968

15/06/2022

01/08/2022

1,000

250

34863/21

25/06/2021

Sreten PERIĆ

1975

15/06/2022

01/08/2022

1,000

250

34866/21

25/06/2021

Nada ĐORĐEVIĆ

1959

15/06/2022

01/08/2022

1,000

250

34872/21

25/06/2021

Sasa ĐURIĆ

1970

15/06/2022

01/08/2022

1,000

250

35172/21

25/06/2021

Radomir MILIVOJEVIĆ

1956

15/06/2022

01/08/2022

1,000

250

35174/21

25/06/2021

Žaklina RISTIĆ

1973

15/06/2022

01/08/2022

1,000

250

35175/21

25/06/2021

Dragan PANIĆ

1956

15/06/2022

01/08/2022

1,000

250

35176/21

25/06/2021

Dragan NIKODIJEVIĆ

1967

15/06/2022

01/08/2022

1,000

250

35177/21

25/06/2021

Saša FILIP

1971

15/06/2022

01/08/2022

1,000

250

35179/21

25/06/2021

Slavko DELJANIN

1956

15/06/2022

01/08/2022

1,000

250

35180/21

25/06/2021

Milina TALIJAN

1955

15/06/2022

01/08/2022

1,000

250

35181/21

25/06/2021

Snežana ILIJIĆ

1969

15/06/2022

01/08/2022

1,000

250

35182/21

25/06/2021

Jelena KOSTIĆ

1980

15/06/2022

01/08/2022

1,000

250

35183/21

25/06/2021

Vladan NEŠIĆ

1973

15/06/2022

01/08/2022

1,000

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.