Elmos Eling and Others v. Serbia

THIRD SECTION

Application no. 21544/09 ELMOS ELING against Serbia and 3 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, Dragoljub Popović, Iulia Antoanella Motoc, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above applications lodged between 14 April 2009 and 11 February 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.

The applicants complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 thereto, about the non-enforcement of judgments rendered in their favour against socially/State-owned companies.

The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

By letter dated 4 February 2015, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired between 5 and 14 January 2015 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received this letter on 11 February 2015. However, no response has been received.

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 considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases.

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.

Done in English and notified in writing on 25 June 2015.

Marialena Tsirli Ján Šikuta Deputy Registrar President

APPENDIX

No.

Application Nos.

Lodged on

Applicant

Date of birth

Place of residence

Nationality

Represented by

21544/09

14/04/2009

ELMOS ELING

Belgrade

Serbian

Bojan JANKOVIĆ

52456/12

06/08/2012

Slobodan STANKOVIĆ

04/07/1955

Šabac

Serbian

61436/12

12/09/2012

Dragica JANKOVIĆ

15/07/1948

S. Palanka

Serbian

Radoslav SPASIĆ

16057/13

11/02/2013

Vladanka LAZIĆ

06/07/1952

Loznica

Serbian

Tomislav RADIŠIĆ