Maksić and Others v. Serbia
Inadmissible
Berörda konventionsartiklar
THIRD SECTION
Application no. 41404/16 Radica MAKSIĆ against Serbia and 4 other applications
(see appended table)
The European Court of Human Rights (Third Section), sitting on 29 August 2019 as a Committee composed of:
Dmitry Dedov, President, Alena Poláčková, Gilberto Felici, judges,
and Liv Tigerstedt, 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 parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Serbian Government (“the Government”).
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.
In the present applications, having examined all the material before it, the Court considers that the respondent Government cannot be held liable for the excessive length of the impugned proceedings since the applicants failed to properly raise their complaints before the Constitutional Court.
In view of the above, the Court finds that these complaints are inadmissible for non-exhaustion of domestic remedies and must be rejected in accordance with Article 35 §§ 1 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 19 September 2019.
Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Start of proceedings or date of entry into force the Convention in respect of Serbia
(3 March 2004)
End of proceedings
Total length
Levels of jurisdiction
41404/16
30/06/2016
Radica Maksić
06/09/1952
Macura-Avramović Dušanka
Belgrade
20/01/2006
28/05/2015
9 years and 4 months and 9 days
2 levels of jurisdiction
69284/16
16/11/2016
Dobrica Mihailović
02/12/1951
Mihailović Vesna
Belgrade
11/12/2008
04/07/2013
4 years and 6 months and 24 days
2 levels of jurisdiction
7135/17
09/01/2017
Mirjana Janković
18/04/1952
Besarić Jovan
Belgrade
03/03/2004
20/05/2015
11 years and 2 months and 18 days
2 levels of jurisdiction
24979/17
22/03/2017
Stanka Simonović
07/05/1956
Basarić Predrag
Pančevo
09/12/2005
24/12/2013
8 years and 16 days
2 levels of jurisdiction
26621/17
23/03/2017
Slobodan Cvetić
19/11/1960
-
03/03/2004
15/12/2014
10 years and 9 months and 13 days
2 levels of jurisdiction