Marinković and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 16259/22 Darinka MARINKOVIĆ against Serbia and 12 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 17 October 2024 as a Committee composed of:
Anne Louise Bormann , President , Sebastian Răduleţu, Mateja Đurović , 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 Ms M. Arsić, a lawyer practising in Požega.
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 14 November 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]
16259/22
11/03/2022
Darinka MARINKOVIĆ
1963
10/09/2024
19/06/2024
1,000
30
6169/23
27/01/2023
Radmila NEDIĆ
1956
10/09/2024
19/06/2024
1,000
30
7307/23
27/01/2023
Radmila TANOVIĆ
1957
10/09/2024
19/06/2024
1,000
30
7310/23
27/01/2023
Mika KOSTIĆ
1953
10/09/2024
19/06/2024
1,000
30
7311/23
27/01/2023
Brana LUČIĆ
1955
10/09/2024
19/06/2024
1,000
30
7314/23
27/01/2023
Radoje KOSTIĆ
1954
10/09/2024
19/06/2024
1,000
30
7315/23
27/01/2023
Danka DRAGAČEVAC
1965
10/09/2024
19/06/2024
1,000
30
7317/23
27/01/2023
Persa MAKSIĆ
1959
10/09/2024
19/06/2024
1,000
30
19997/23
28/04/2023
(4 applicants)
Jelena SIMIĆ
1957
Radmila ANTONIJEVIĆ
1955
Soja LAZIĆ
1954
Mileva VESELINOVIĆ
1954
10/09/2024
19/06/2024
1,000
30
20381/23
05/05/2023
(4 applicants)
Magda ĐURIĆ ARSIĆ
1970
Miljanka MATIĆ
1951
Darinka MILIVOJEVIĆ
1965
Perunika VUKADINOVIĆ
1955
10/09/2024
19/06/2024
1,000
30
26490/23
13/06/2023
(4 applicants)
Jela POLIĆ
1963
Mladenka LUČIĆ
1961
Dragana NIKOLIĆ PETROVIĆ
1966
Drinka PANTIĆ
1956
10/09/2024
19/06/2024
1,000
30
31404/23
31/07/2023
Mirjana STANOJEVIĆ
1974
Dejan BOGDANOVIĆ
1982
10/09/2024
19/06/2024
1,000
30
31454/23
03/06/2023
Milovan BOŽIĆ
1956
10/09/2024
19/06/2024
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.