Trtovac and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
THIRD SECTION
Application no. 73583/12 Mujesira TRTOVAC against Serbia and 11 other applications (see list appended)
The European Court of Human Rights (Third Section), sitting on 15 April 2014 as a Committee composed of:
Ján Šikuta, President, Dragoljub Popović, Iulia Antoanella Motoc, judges, and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 3 November 2012 and 10 April 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. They were all represented by Mr R. Marinković, a lawyer practising in Novi Pazar. The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against socially/State-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.
On 20 September 2013 and 19 December 2013 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) 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.
Marialena Tsirli Ján Šikuta Deputy Registrar President
Appendix
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
73583/12
03/11/2012
Mujesira TRTOVAC
23/05/1960
Serbian
The Municipal Court in Novi Pazar
P1.no.686/08 of 18 May 2009
The Court of First Instance in Novi Pazar
19-I.no.101/12 of 19 January 2012
73711/12
09/11/2012
Hakija GEGIĆ
29/09/1955
Serbian
The Court of First Instance in Novi Pazar
13-P1.no.223/10 of 16 February 2010
The Court of First Instance in Novi Pazar
19-I.no.1227/11 of 11 July 2011
74685/12
03/11/2012
Mirko ĐUROVIĆ
06/02/1955
Serbian
The Municipal Court in Novi Pazar
P1.no.114/09 of 24 April 2009
The Court of First Instance in Novi Pazar
20-I.no.2038/11 of 18 November 2011
75955/12
21/11/2012
Sefida BIHORAC
25/04/1959
Serbian
The Municipal Court in Novi Pazar
P1.no.136/09 of 25 September 2009 and 21 December 2009
The Court of First Instance in Novi Pazar
20-I.no.2146/11 of 1 December 2011
75998/12
15/11/2012
Drina DAČOVIĆ
01/01/1957
Serbian
The Court of First Instance in Novi Pazar
13-P1.no.227/10 of 16 February 2010
The Court of First Instance in Novi Pazar
19-I.no.1229/11 of 11 July 2011
79071/12
08/12/2012
Idriz OSMANOVIĆ
27/01/1958
Serbian
The Municipal Court in Novi Pazar
P1.no.681/08 of 25 May 2009
The Court of First Instance in Novi Pazar
19-I.no.2249/11 of 8 December 2011
79541/12
28/11/2012
Hama HADŽIĆ
10/12/1956
Serbian
The Municipal Court in Novi Pazar
P1.no.257/08 of 2 September 2008
The Court of First Instance in Novi Pazar
20-I.1012/11 of 29 June 2011
20766/13
11/03/2013
Mersija KOLAŠINAC [1]
11/08/1972
Serbian
Jakupović EDIN
24/05/1978
Novi Pazar
Serbian
Jakupović NEDŽMIJA
05/03/1955
Novi Pazar
Serbian
The Municipal Court in Novi Pazar
P1.no.118/09 of 30 March 2009
The Court of First Instance in Novi Pazar
20-I.no.2130/11 of 25 November 2011
21838/13
07/03/2013
Milodarka RADOVANOVIĆ
01/01/1958
Serbian
The Municipal Court in Novi Pazar
P1.no.987/07 of 22 October 2008
The Court of First Instance in Novi Pazar
19-I.no.957/11 of 23 June 2011
28308/13
11/04/2013
Edina MUŠIĆ
28/10/1964
Serbian
The Municipal Court in Novi Pazar
P1.no.649/08 of 12 October 2009
The Court of First Instance in Novi Pazar
20-I.no.2534/11 of 12 January 2012
29683/13
11/04/2013
Ramiz IBRAHIMOVIĆ
09/02/1966
Serbian
The Municipal Court in Novi Pazar
P1.no.654/08 of 18 May 2009
The Court of First Instance in Novi Pazar
19-I.no.2243/11 of 8 December 2011
29693/13
10/04/2013
Nada RAKOVIĆ
12/12/1954
Serbian
The Municipal Court in Novi Pazar
P1.no.129/09 of 10 March 2009
The Court of First Instance in Novi Pazar
20-I.no.1948/11 of 7 November 2011
[1] The applicants are the heirs of late Šahin Jakupović with respect to the judgment claim, as declared by the decision of the Court of First Instance in Novi Pazar 20-O.no. 1076/11 of 14 December 2011.