Přehled
Rozhodnutí
THIRD SECTION
DECISION
Application no. 5548/12
Stanka ANASTASOVA against Serbia
and 28 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 2 June 2015 as a Committee composed of:
Ján Šikuta, President,
Iulia Antoanella Motoc,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 28 July 2012 and 16 November 2012,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal and other relevant details are set out in the appended table. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on various Articles of the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against different socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
Between 28 October 2014 and 12 January 2015 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 EUR (two thousand euros), less any amounts which may have already been paid in that regard at the domestic level, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (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. 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.
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 25 June 2015.
Marialena Tsirli Ján Šikuta
Deputy Registrar President
APPENDIX
No. | Application no. and date of introduction | Applicant name date of birth place of residence nationality | Final domestic decision details | Enforcement order details |
5548/12 12/12/2011 | Stanka ANASTASOVA 05/05/1948 Serbian | Bosilegrad Municipal Court 14 April 2008 | Vranje Municipal Court 21 May 2008 | |
5778/12 22/09/2011 | Dafinka METODIJEV 27/06/1957 Serbian | Bosilegrad Municipal Court 27 February 2008 | Vranje Municipal Court 10 April 2008 | |
5828/12 05/12/2011 | Zorica SPASOV 27/08/1965 Serbian | Bosilegrad Municipal Court 20 February 2008 20 February 2008 | Vranje Municipal Court 22 May 2008 10 June 2008 | |
5871/12 05/12/2011 | Ivanka TASEV 29/12/1958 Serbian | Bosilegrad Municipal Court 25 March 2008 | Vranje Municipal Court 16 May 2008 | |
5936/12 05/12/2011 | Slavica ANDONOV 04/02/1967 Serbian | Bosilegrad Municipal Court 20 February 2008 | Vranje Municipal Court 20 May 2008 | |
6930/12 25/01/2012 | Zoran KOSANIĆ 26/10/1967 Serbian | Šabac Municipal Court 27 November 2006 (not submitted) | Šabac Municipal Court 12 April 2007 | |
7182/12 16/12/2011 | Slobodan STOJČIĆ 28/04/1949 Serbian | Šabac Municipal Court 10 March 2005 19 October 2005 | Šabac Municipal Court 26 January 2007 29 January 2007 | |
7789/12 28/12/2011 | Milan MIJATOVIĆ 05/06/1954 Serbian | Šabac Municipal Court 7 March 2007 | Šabac Municipal Court 10 April 2007 | |
8306/12 01/12/2011 | Stojana NASEV 13/06/1956 Serbian | Bosilegrad Municipal Court 18 February 2008 21 April 2008 | Vranje Municipal Court 20 May 2008 10 June 2008 | |
8307/12 17/01/2012 | Matija JELIĆ 12/04/1957 Serbian | Šabac Municipal Court 21 June 2004 19 July 2006 | Sremska Mitrovica Municipal Court 21 February 2005 | |
8308/12 25/11/2011 | Mirjana TODOROVA 28/01/1955 Serbian | Bosilegrad Municipal Court 23 November 2007 | Vranje Municipal Court 20 March 2009 | |
8544/12 05/12/2011 | Vesna VASILEVA 15/05/1977 Serbian | Bosilegrad Municipal Court 20 August 2003 21 January 2006 | Vranje Municipal Court 19 November 2003 18 September 2008 | |
10017/12 11/01/2012 | Dragoljub ALANOVIĆ 22/07/1961 Serbian | Šabac Municipal Court 9 November 2006 | Šabac Municipal Court 12 March 2007 | |
10405/12 30/11/2011 | Cvetanka STOJEV 14/11/1966 Serbian | Bosilegrad Municipal Court 10 March 2008 | Vranje Municipal Court 15 September 2008 | |
11767/12 30/11/2011 | Veljko VASIĆ 11/03/1953 Serbian | Šabac Municipal Court 15 December 2006 | Šabac Municipal Court 14 March 2007 | |
15164/12 10/02/2012 | Saša JOVANOVIĆ 16/08/1969 Serbian | Šabac Municipal Court 24 October 2005 | Šabac Municipal Court 26 January 2007 (request) | |
18316/12 19/03/2012 | Zoran MARKOVIĆ 23/09/1960 Serbian | Šabac Municipal Court 8 June 2004 21 July 2006 | Šabac Municipal Court 14 March 2007 (request) 13 April 2007 | |
18319/12 07/03/2012 | Danica BURSAĆ 14/08/1949 Serbian | Šabac Municipal Court 21 October 2005 | Šabac Municipal Court 12 Janaury 2007 (request) | |
19261/12 21/03/2012 | Mićo OSTOJIĆ 11/08/1947 Serbian | Šabac Municipal Court 24 October 2005 | Šabac Municipal Court 13 April 2007 | |
32753/12 23/04/2012 | Ljiljana DESANČIĆ 14/03/1955 Serbian | Šabac Municipal Court 1 March 2007 | Šabac Municipal Court 14 March 2007 | |
34999/12 18/05/2012 | Stojiša GAJIĆ 10/05/1958 Serbian | Šabac Municipal Court 11 December 2006 | Šabac Municipal Court 13 April 2007 | |
45905/12 13/07/2012 | Daniela ARSOV 15/09/1975 Serbian | Bosilegrad Municipal Court 5 June 2003 24 December 2003 | Vranje Municipal Court 17 September 2003 8 August 2005 | |
47514/12 16/07/2012 | Đura NAKEV 18/11/1960 Serbian | Bosilegrad Municipal Court 14 April 2008 | Vranje Municipal Court 14 July 2008 | |
56045/12 27/08/2012 | Safeta BOGUĆANIN 04/05/1963 Serbian | Novi Pazar Municipal Court 10 December 2004 14 June 2006 | Novi Pazar Municipal Court 3 April 2006 | |
57228/12 31/08/2012 | Vene STOIMENOV 13/10/1953 Serbian | Bosilegrad Municipal Court 29 June 2007 | Vranje Municipal Court 17 April 2008 | |
67885/12 15/10/2012 | Olga HRISTOV 21/06/1954 Serbian | Vranje Municipal Court 13 July 2005 13 September 2006 | Vranje Municipal Court 31 January 2006 8 May 2008 | |
70514/12 24/10/2012 | Mahmud KUČEVIĆ 09/12/1955 Serbian | Novi Pazar Municipal Court 01 February 2005 07 March 2007 | Novi Pazar Court of First Instance 31 August 2012 | |
71822/12 20/10/2012 | Marko SPASOVIĆ 16/12/1989 Serbian | Novi Pazar Municipal Court 11 June 2004 30 September 2005 14 December 2006 | Novi Pazar Municipal Court 27 December 2004 14 February 2006 14 June 2007 | |
78846/12 20/11/2012 | Sabira MAVRIĆ 31/07/1961 Serbian | Novi Pazar Municipal Court 5 June 2008 | Novi Pazar Municipal Court 9 October 2008 |