Přehled

Text rozhodnutí
Datum rozhodnutí
25.8.2022
Rozhodovací formace
Významnost
3
Číslo stížnosti / sp. zn.

Rozhodnutí

SECOND SECTION

DECISION

Application no. 23200/20
Branka BELIĆ BABIĆ against Serbia
and 25 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 25 August 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 various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

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 R. Čakara, a lawyer practising in Novi Pazar.

The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against a socially/State-owned company were communicated to the Serbian Government (“the Government”) on 20 May 2021.

THE LAW

  1. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

  1. Complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies)

The Government submitted that the final domestic decisions in the applicants’ favour had actually been enforced. They therefore suggested that the Court reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

The applicants did not dispute that fact.

The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted, either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Nikolić and Others v. Serbia (dec.) [Committee], nos. 48162/18 and 8 others, 21 January 2021).

Turning to the present case, the Court observes that between 15 December 2020 and 22 February 2021 the sums awarded in the domestic decisions at issue were paid by the State in accordance with the domestic law (see Stevanović and Others v. Serbia, nos. 43815/17 and 15 others, § 17, 27 August 2019). The applicants did not inform the Court about that development before notice of the applications was given to the Government and no explanation for this omission was provided.

Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court’s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court’s resources may undermine the credibility of lawyers’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina (dec.), no. 67618/09, § 29, 10 January 2017).

In view of the above, the Court finds that these applications constitute an abuse of the right of individual application and must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 15 September 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 or delayed enforcement of domestic decisions given against socially/State-owned companies)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Relevant domestic decision

Start date of non-enforcement period or date of entry into force of the Convention in respect of Serbia (3 March 2004)

Date of enforcement of domestic decisions

23200/20

04/06/2020

Branka BELIĆ BABIĆ

1964

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

23201/20

04/06/2020

Muamera RAMČIĆ

1954

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25248/20

28/05/2020

Semir KAMBOVIĆ

1988

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25431/20

10/06/2020

Milica KLISARIĆ - SARIĆ

1962

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25432/20

10/06/2020

Sabaheta ŠAĆIROVIĆ NUROVIĆ

1960

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25566/20

11/06/2020

Ismeta ROŽAJAC

1957

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

25649/20

02/06/2020

Miladija ĐURKOVIĆ

1969

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25741/20

05/06/2020

Ismet ŠUSTERAC

1954

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25841/20

09/06/2020

Radomirka PETROVIĆ

1961

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25842/20

09/06/2020

Sadija BRUNČEVIĆ KAČAR

1964

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

25856/20

01/06/2020

Hamo VATIĆ

1950

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

25862/20

03/06/2020

Cmiljana VULOVIĆ

1958

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

26763/20

09/06/2020

Senabija ĐUKIĆ

1963

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

26767/20

09/06/2020

Senada FERIZOVIĆ BAHTIJAREVIĆ

1966

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

26770/20

09/06/2020

Bećira BILALOVIĆ

1970

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

26778/20

09/06/2020

Nusreta HASIĆ

1960

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

26808/20

02/06/2020

Slobodan VRANIĆ

1970

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

26814/20

12/06/2020

Mladen MAKOJEVIĆ

1974

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

26858/20

03/06/2020

Mujesira ZAIMOVIĆ

1958

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

26868/20

05/06/2020

Darko MARKOVIĆ

1973

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

26870/20

05/06/2020

Sanija HAMIDOVIĆ

1972

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

15/12/2020

30881/20

23/06/2020

Rada MILOJEVIĆ

1966

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

22/02/2021

31760/20

23/06/2020

Sejdo MEHMEDOVIĆ

1946

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

32852/20

16/07/2020

Mevljuda LATOVIĆ

1969

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

32887/20

20/07/2020

Ljiljana MIJAILOVIĆ

1967

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021

33046/20

16/07/2020

Adem MURIĆ

1962

Commercial Court in Kraljevo, 27/11/2003

03/03/2004

19/02/2021