Simić and Others v. Serbia
Struck out of the list
Berörda konventionsartiklar
FOURTH SECTION
Application no. 18264/23 Miodrag SIMIĆ against Serbia and 6 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’ 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 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
Representative’s name and location
Other complaints under well-established case-law
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]
18264/23
26/04/2023
Miodrag SIMIĆ
1963
Nikolić Stefan
Leskovac
25/04/2024
27/05/2024
1,000
250
23257/23
01/06/2023
Ivana ĐURĐEVIĆ
1975
Mitreski Filip
Novi Sad
07/05/2024
24/04/2024
1,000
250
29543/23
29/06/2023
Milan PAVLOVIĆ
1943
Tasić Violeta
Leskovac
25/04/2024
30/05/2024
1,000
30
30903/23
20/07/2023
Dragiša ČOLAKOVIĆ
1961
Aleksić Srđan
Niš
07/05/2024
18/06/2024
1,000
30
30965/23
21/07/2023
Danijela ĐURĐEVIĆ
1970
Zeković Miloš
Belgrade
07/05/2024
29/03/2024
1,000
30
30972/23
06/07/2023
Zoran ČOLIĆ
1963
Pribojac Aleksandar
Kragujevac
07/05/2024
21/05/2024
1,000
30
33279/23
21/08/2023
Siniša AGATONOVIĆ
1964
Đurić Aleksandar
Belgrade
Art. 13 - lack of any effective remedy in domestic law in respect of non-enforcement or delayed enforcement of domestic decisions - Effectiveness of the constitutional appeal in this particular case in view of the length of the proceedings before the Constitutional Court.
29/04/2024
28/03/2024
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.