Simić and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 48512/22 Predrag SIMIĆ against Serbia and 21 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 30 May 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 various dates 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 Mr M. Zeković, 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”).
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 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 20 June 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]
48512/22
07/10/2022
Predrag SIMIĆ
1976
04/03/2024
20/03/2024
1,000
30
48519/22
07/10/2022
Dejan KOSTIĆ
1981
04/03/2024
20/03/2024
1,000
30
48691/22
07/10/2022
Radosav PETKOVIĆ
1956
04/03/2024
20/03/2024
1,000
30
48697/22
07/10/2022
Aleksandar NIKOLIĆ
1954
04/03/2024
20/03/2024
1,000
30
48704/22
07/10/2022
Tatijana STAMENKOVIĆ
1959
04/03/2024
20/03/2024
1,000
30
48705/22
07/10/2022
Vesna BOŠKOVIĆ
1967
04/03/2024
20/03/2024
1,000
30
48710/22
07/10/2022
Gradimir ĐORĐEVIĆ
1962
04/03/2024
20/03/2024
1,000
30
48719/22
07/10/2022
Srećko NIKOLIĆ
1977
04/03/2024
20/03/2024
1,000
30
48767/22
07/10/2022
Živana MARKOVIĆ
1966
04/03/2024
20/03/2024
1,000
30
48787/22
07/10/2022
Dragan VUČIĆEVIĆ
1967
04/03/2024
20/03/2024
1,000
30
5557/23
23/01/2023
Slobodan MIJAILOVIĆ
1967
04/03/2024
20/03/2024
1,000
30
22037/23
26/05/2023
Nada KRPIĆ
1964
04/03/2024
20/03/2024
1,000
30
22048/23
26/05/2023
Marika VILOTIJEVIĆ
1958
04/03/2024
20/03/2024
1,000
30
22217/23
23/05/2023
Mirko MAJKIĆ
1952
04/03/2024
20/03/2024
1,000
30
22251/23
23/05/2023
Stojanča VOJINOVIĆ
1952
04/03/2024
20/03/2024
1,000
30
22395/23
29/05/2023
Jovica STOJANOVIĆ
1970
04/03/2024
20/03/2024
1,000
30
22825/23
29/03/2023
Dragiša NIKOLIĆ
1966
04/03/2024
20/03/2024
1,000
30
22833/23
23/05/2023
Novica NEŠIĆ
1949
04/03/2024
20/03/2024
1,000
30
23029/23
29/05/2023
Božidar KOSTIĆ
1955
04/03/2024
20/03/2024
1,000
30
23049/23
29/05/2023
Ljiljana VUKOVIĆ
1959
04/03/2024
20/03/2024
1,000
30
23652/23
30/05/2023
Maja STEVANOVIĆ
1978
04/03/2024
20/03/2024
1,000
30
23678/23
30/05/2023
Radivojka ARSIĆ
1966
04/03/2024
20/03/2024
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.