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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> DragoS VRANIC and others v Serbia - 40173/07 [2011] ECHR 876 (10 May 2011) URL: http://www.bailii.org/eu/cases/ECHR/2011/876.html Cite as: [2011] ECHR 876 |
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SECOND SECTION
DECISION
Applications nos. 40173/07, 52422/07, 1736/08, 12562/08, 16890/08, 16892/08, 16897/08, 16900/08, 27436/08, 31868/08, 31871/08, 35027/08, 35029/08, 39859/09
by Dragoš VRANIĆ
and others
against Serbia
The European Court of Human Rights (Second Section), sitting on 10 May 2011 as a Committee composed of:
András
Sajó,
President,
Dragoljub
Popović,
Paulo
Pinto de Albuquerque,
judges,
and
Françoise Elens-Passos, Deputy
Section Registrar,
Having regard to the above applications lodged between 16 August 2007 and 1 July 2008,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
All applicants are Serbian nationals. Their personal details are listed in Annex I. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.
The applicants complained under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about non-enforcement of final judgments rendered in their favour against several socially-owned companies. The essential information as to the domestic proceedings in respect of each application is indicated in Annex II.
Between 27 July 2010 and 9 February 2011 the Court received 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 the applications against an undertaking by the Government to pay each of them the amounts specified in Annex III to cover any non-pecuniary damage as well as costs and expenses, which will be converted into local currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on it, from 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 parties, furthermore, agreed that within the same three-month period the Government will pay, from their own funds, the sums awarded in the domestic judgments under consideration in the present cases (see Annex II).
These payments will constitute the final resolution of the cases.
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 its Protocols and finds no reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).
For these reasons, the Court unanimously
Decides to strike the applications out of its list of cases.
Françoise Elens-Passos András
Sajó
Deputy
Registrar President
ANNEX I
|
No. |
Application no. |
Applicant(s) |
Date of Birth |
Place of Residence |
|
|
40173/07 |
Mr Dragoš Vranić
|
1954 |
Novi Pazar, Serbia |
|
|
52442/07 |
Ms Aranka DZepina
|
1940 |
Temerin, Serbia |
|
|
1736/08 |
Ms Slavujka Nikolić
|
1953 |
Jagodina, Serbia |
|
|
12562/08 |
Mr Marjan Josipović
|
1944 |
Lešnica, Serbia |
|
|
16890/08 |
Mr Radivoje Kostadinović
|
1947 |
Loznica, Serbia |
|
|
16892/08 |
Mr Krsto Jovanović
|
1941 |
Cerova, Serbia |
|
|
16897/08 |
Mr Dragoslav Matić
|
1940 |
Loznica, Serbia |
|
|
16900/08 |
Mr Milan Milovanović
|
1944 |
Loznica, Serbia |
|
|
27436/08 |
Ms Ljubinka Lazović
|
1949 |
Aranđelovac, Serbia |
|
|
31868/08 |
Ms SneZana Vukuljević |
1964 |
Majdanpek, Serbia |
|
|
31871/08 |
Mr Đorđe Đurić
|
1943 |
Majdanpek, Serbia |
|
|
35027/08 |
Mr Šandor Njergeš and Ms Rozalija Njergeš
|
1953 and 1952 |
MuZlja, Serbia |
|
|
35029/08 |
Mr Šandor Njergeš
|
1979 |
MuZlja, Serbia |
|
|
39859/09 |
Ms Nada BoZović-Pajović
|
1957 |
Novi Pazar, Serbia |
ANNEX II
|
Application no. |
Date of lodging |
Company name |
Current status of the Company |
Final domestic judgment – court in question/date/domestic registration no. |
Enforcement order - court in question/date/domestic registration no. |
Amounts awarded Compensation/expenses/in dinars (interest and applicable pension and social security contributions not included) |
|
40173/07 |
16 August 2007 |
“Raška“ Tkačnica d.o.o. |
Under restructuring since 2 November 2004 |
Municipal Court in Novi Pazar 15 May 2007/P.980/06
|
Municipal Court in Novi Pazar 6 August 2007/I.1426/07 |
76.755,00/5.400,00 |
|
52442/07 |
26 October 2007 |
AD “Jugobicikl” |
Socially-owned company |
Municipal Court in Temerin 25 February 2004/P.131/03 |
4th Municipal Court in Belgrade 22 July 2005/I.-XII-1052/05 |
472.888,64/83.250,00 |
|
1736/08 |
26 December 2007 |
AD Holding “Industrija kablova” |
Under restructuring since 29 March 2007 |
District Court in Jagodina 30 August 2005/GZ.1694/05 |
Enforcement request was dismissed due to the restructuring of the company |
16.200,00 (expenses only) |
|
12562/08 |
4 March 2008 |
HK “Viskoza” AD “Kord” |
Under bankruptcy since 19 June 2009 |
Municipal Court in Loznica 25 December 2002/P.1140/02 |
Municipal Court in Loznica 8 April 2004/P.258/04 |
50.000,00/49.150,00 |
|
16890/08 |
25 February 2008 |
HK “Viskoza” AD “Svila” |
Under bankruptcy since 19 June 2009 |
Municipal Court in Loznica I- 18 December 2002/P.555/02 II- 24 May 2000/P.294/00 |
Municipal Court in Loznica I- 3 October 2003/I-1053/03 II- 10 April 2001/I.1133/03 |
I- 31.760,5/10.044,00
II- 3.240,52/1.500,00 |
|
16892/08 |
25 February 2008 |
HK “Viskoza” AD “Lozofan” |
Under bankruptcy since 19 June 2009 |
Municipal Court in Loznica 11 December 2002/P.2694/01 |
Municipal Court in Loznica 5 February 2003/I.17/02 |
19.681,50/18.500,00 |
|
16897/08 |
25 February 2008 |
HK “Viskoza” AD “Svila” |
Under bankruptcy since 19 June 2009 |
Municipal Court in Loznica I- 8 February 2001/P.479/00 II-4 April 2002/P.29/02 |
Municipal Court in Loznica I- 11 November 2002/I.947/02 II-Municipal Court in Loznica 3 December 2004/I.1227/04 |
I-178.374,00/37.638,00 II- 38.725,00 (expenses only) |
|
16900/08 |
25 February 2008 |
HK “Viskoza” AD “Lozofan” |
Under bankruptcy since 19 June 2009 |
Municipal Court in Loznica 7 May 1998/P.809/97 |
Municipal Court in Loznica 17 April 2003/I.428/03 |
61.000,00/3.574,00 |
|
27436/08 |
30 May 2008 |
“Šamot razvoj“ |
Socially-owned company |
Municipal Court in Aranđelovac I- 22 February 2005/P.776/02 II- 29 November 2004/P.639/04 III- 18 May 2006/P.402/06 |
Municipal Court in Aranđelovac I- 14 December 2006/I.1038/06 II- 14 December 2006/I.1038/06 III- 24 March 2008/I.251/08 |
I- 29.171,54/13.125 II- amount not defined III- 101.071,46/23.340 |
|
31868/08 |
20 June 2008 |
“Rudnik bakra Majdanpek” |
Under restructuring since 14 October 2004 |
Municipal Court in Majdanpek 3 December 2002/P.148/02 |
Municipal Court in Majdanpek 10 January 2003/I.5/03 |
750.000,00/32.500,00 |
|
31871/08 |
20 June 2008 |
“Rudnik bakra Majdanpek” |
Under restructuring since 14 October 2004 |
Municipal Court in Majdanpek 24 March 1999/P.40/99 |
Municipal Court in Majdanpek 20 December 1999/I.315/99 |
176.700,00/18.240,00 |
|
35027/08 |
1 July 2008 |
AD “Fabrika šećera“ |
Under insolvency since 17 June 2009 |
Municipal Court in Zrenjanin 15 November 2005/P.2617/05 |
Municipal Court in Zrenjanin 3 May 2006/I.1726/06 |
310.000,00/71.450,00 |
|
35029/08 |
1 July 2008 |
AD “Fabrika šećera“ |
Under insolvency since 17 June 2009 |
Municipal Court in Zrenjanin I-26 January 2005/P.84/03 II- 21 February 2007/P.1261/06 III-5 September 2007/P.1234/07 |
Municipal Court in Zrenjanin I-11 August 2005/I.2746/05 II-13 September 2007/I.1645/07 III-22 January 2008/I.89/08 |
I-1.100.000,00/3.989,00 II-900.000,00 III-569.755,06/381.141,00 |
|
39859/09 |
18 August 2007 |
“Raška-pamučna predionica“ |
Under restructuring since 2 November 2004 |
Municipal Court in Novi Pazar I-29 June 2004/P.495/04 II-3 November 2004/P.1061/04 III-17 August 2005/P.75/05 IV-12 October 2005/P.441/05 V-30 March 2006/P.3/06 VI-11 September 2006/P.739/06 VII-18 January 2007/p.1095/06 |
Municipal Court in Novi Pazar I-12 October 2004/I.821/04 II-24 January 2005/I.1144/04 III-28 December 2005/I.1207/05 IV-5 January 2006/I.1874/05 V-23 May 2006/I.650/06 VI-17 October 2006/I.1384/06 VII-1 March 2007/I.166/07 |
I-135.264,00/7.800,00 II-35.024,00 III-19.040,00/9.750,00 IV-38.894,00/9.750,00 V-36.136,2 VI-31.280,00/5.400,00 VII-9.015,00/5.400,00 |
ANNEX III
|
No. |
Application no. |
Non-pecuniary damage |
|
1. |
40173/07 |
1,800 euros |
|
2. |
52442/07 |
2,600 euros |
|
3. |
1736/08 |
1,200 euros |
|
4. |
12562/08 |
1,400 euros |
|
5. |
16890/08 |
5,400 euros |
|
6. |
16892/08 |
5,400 euros |
|
7. |
16897/08 |
5,400 euros |
|
8. |
16900/08 |
5,400 euros |
|
9. |
27436/08 |
2,200 euros |
|
10. |
31868/08 |
5,400 euros |
|
11. |
31871/08 |
5,400 euros |
|
12. |
35027/08 |
2,600 euros |
|
13. |
35029/08 |
3,400 euros |
|
14. |
39859/09 |
4,600 euros |