NESTOROVSKI STOJAKOVIĆ A OSTATNÍ proti Srbsku

SECOND SECTION

DECISION

Application no. 10785/20
Gordana NESTOROVSKI STOJAKOVIĆ and Others against Serbia
and 3 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 30 June 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 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 R. Kojić, a lawyer practising in Belgrade. The applicant, Mr Ćevap (application no. 10785/20), died on 15 July 2020. The Government accepted the applicant’s son, Mr Nenad Ćevap, and daughter, Ms Marijana Koller, as his legal heirs.

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 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 and the legal heirs of Mr Ćevap 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 death of Mr Ćevap and of the wish of his son and daughter to pursue the proceedings. The Court reiterates that where an applicant dies during the examination of a case his or her heirs may in principle pursue the application on his or her behalf (see Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX; Shiryayeva v. Russia, no. 21417/04, §§ 8-9, 13 July 2006; and Horváthová v. Slovakia, no. 74456/01, § 26, 17 May 2005). Nothing suggests that the rights the applicant sought to protect through the Convention mechanism were eminently personal and non‑transferable (see Malhous v. the Czech Republic [GC], no. 33071/96, 12 July 2001). The Government did not contend that Mr Nenad Ćevap and Ms Marijana Koller had no standing to pursue the case. Therefore, the Court considers that Mr Ćevap’s son and daughter have a legitimate interest in pursuing the application in his stead.

The Court further 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 that Mr Nenad Ćevap and Ms Marijana Koller have standing to continue the proceedings in their late father’s stead (application no. 10785/20);

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 21 July 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)

[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.