Petrović and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 55324/22 Zorka PETROVIĆ against Serbia and 29 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 21 March 2024 as a Committee composed of:
Anne Louise Bormann , President , Branko Lubarda, Sebastian Răduleţu , judges ,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the date indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms A. Luković, a lawyer practising in Belgrade.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against socially/State-owned companies were communicated to the Serbian Government (“the Government”). In some of the applications, complaints based on the same facts were also communicated under other provisions of the Convention.
The Court received the 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, 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 decisions under consideration in the cases concerned (see appended table) within the same three-month period, and to pay any costs of the domestic enforcement proceedings.
The payment and the enforcement of the domestic decisions in the cases concerned will constitute the final resolution of the cases.
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.
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 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 11 April 2024.
Viktoriya Maradudina Anne Louise Bormann Acting Deputy Registrar President
APPENDIX
List of applications 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)
No.
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]
55324/22
17/11/2022
Zorka PETROVIĆ
1953
05/07/2023
07/07/2023
1,000
30
55325/22
17/11/2022
Danijela ŽIVANOV
1981
05/07/2023
07/07/2023
1,000
30
55365/22
17/11/2022
Goran JOVANOVIĆ
1973
05/07/2023
07/07/2023
1,000
30
55611/22
17/11/2022
Goran ŠEVARAC
1977
05/07/2023
07/07/2023
1,000
30
55625/22
17/11/2022
Dragan MILOŠEVIĆ
1960
05/07/2023
07/07/2023
1,000
30
55635/22
17/11/2022
Branka JEFTIĆ
1965
05/07/2023
07/07/2023
1,000
30
55663/22
17/11/2022
Petar ANDRIĆ
1947
05/07/2023
07/07/2023
1,000
30
55673/22
17/11/2022
Nevenka TANASKOVIĆ
1949
05/07/2023
07/07/2023
1,000
30
55678/22
17/11/2022
Bosiljka JOVIĆ
1956
05/07/2023
07/07/2023
1,000
30
55691/22
17/11/2022
Danka TRIVUNOVIĆ
1968
05/07/2023
07/07/2023
1,000
30
55759/22
17/11/2022
Snežana MALEŠEVIĆ
1971
05/07/2023
07/07/2023
1,000
30
55775/22
17/11/2022
Stana PALALIĆ
1962
05/07/2023
07/07/2023
1,000
30
55781/22
17/11/2022
Radina MALEŠIĆ
1953
05/07/2023
07/07/2023
1,000
30
55782/22
17/11/2022
Miroslav ŽIVANKOV
1976
21/02/2024
24/11/2023
1,000
30
56394/22
17/11/2022
Stevica GAVRILOV
1966
05/07/2023
07/07/2023
1,000
30
56396/22
17/11/2022
Ana HUBER
1952
05/07/2023
07/07/2023
1,000
30
56412/22
17/11/2022
Darija KRUNIĆ
1969
05/07/2023
07/07/2023
1,000
30
56413/22
17/11/2022
Divna GAJIĆ
1951
05/07/2023
07/07/2023
1,000
30
56414/22
17/11/2022
Milka MALINOVIĆ
1957
05/07/2023
07/07/2023
1,000
30
56416/22
17/11/2022
Dobre JOVANOSKI
1978
24/11/2023
24/11/2023
1,000
30
56427/22
17/11/2022
Milja ŽIVKOVIĆ
1950
05/07/2023
07/07/2023
1,000
30
56429/22
17/11/2022
Milica KAURIN
1960
05/07/2023
07/07/2023
1,000
30
56431/22
17/11/2022
Slavica MAVRIĆ
1961
05/07/2023
07/07/2023
1,000
30
56434/22
17/11/2022
Đorđe VESELINOVIĆ
1959
05/07/2023
07/07/2023
1,000
30
56437/22
17/11/2022
Dragan IVANOVSKI
1953
05/07/2023
07/07/2023
1,000
30
56447/22
17/11/2022
Stana MACURA
1952
05/07/2023
07/07/2023
1,000
30
56451/22
17/11/2022
Jovanka REPAC
1955
05/07/2023
07/07/2023
1,000
30
56459/22
17/11/2022
Rožika MIJIĆ
1968
05/07/2023
07/07/2023
1,000
30
56466/22
17/11/2022
Olivera ČALAKIĆ
1967
24/11/2023
24/11/2023
1,000
30
56477/22
17/11/2022
Stojko TEŠANOVIĆ
1961
05/07/2023
07/07/2023
1,000
30
[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.