Đukić and Others v. Serbia

SECOND SECTION

Application no. 38797/20 Đuzida ĐUKIĆ and Others against Serbia

(see appended table)

The European Court of Human Rights (Second Section), sitting on 8 April 2021 as a Committee composed of:

Carlo Ranzoni, President, Branko Lubarda, Pauliine Koskelo, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 19 August 2020,

Having regard to the formal declarations accepting a friendly settlement of the case,

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 N. Ajdinović a lawyer practising in Novi Pazar.

The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of a domestic decision given against a socially/State-owned company were communicated to the Serbian Government (“the Government”).

The Court received the friendly-settlement declaration, signed by the parties, under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to this application, 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 decision under consideration in the case within the same three-month period, and to pay any costs of the domestic enforcement proceedings.

The payment and the enforcement of the domestic decision in the case concerned will constitute the final resolution of the case.

THE LAW

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 the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 29 April 2021.

{signature_p_2}

Viktoriya Maradudina Carlo Ranzoni Acting Deputy Registrar President

APPENDIX

Application 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)

Application no. Date of introduction

Applicant’s name

Year of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage per

applicant

(in euros) [1] [2]

Amount awarded for costs and expenses per application

(in euros) [3]

38797/20

19/08/2020

(19 applicants)

Đuzida ĐUKIĆ

1951

Mehdija VEJSELOVIĆ

1948

Besim SALKOVIĆ

1958

Halko DRUŠTINAC

1948

Branko RADOVIĆ

1943

Selim ŠEMSOVIĆ

1951

Ismet KAHROVIĆ

1965

Esad BAHTIJAREVIĆ

1974

Mersad ČELIĆ

1967

Tufo PLOJOVIĆ

1945

Sadrija HADŽIĆ

1960

Nusret BIHORAC

1955

Safet LATIFOVIĆ

1949

Milhata KOLAŠINAC

1956

Slavomir KOVAČEVIĆ

1963

Asim ŠKRIJELJ

1954

Malić LUBURA

1972

Izet RAMOŠEVAC

1967

Muamera NIKŠIĆ

1954

16/03/2021

13/03/2021

1,000

250

[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.