Slava MILOJEVIC & Ors v SERBIA- 694/09 [2012] ECHR 421 (14 February 2012)

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The European Court of Human Rights (Second Section), sitting on 14 February 2012 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 22 December 2008 and 25 December 2009,

Having regard to the formal declarations accepting a friendly settlement of the cases,

The applicants are Serbian nationals. They were all represented by the same attorney, Mr. N. Čolović, a lawyer practising in Kragujevac. The Serbian Government (“the Government”) were represented by their Agent, Mr S. Carić.

Relying on Articles 6 and 13 of, and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to fully enforce final court decisions rendered in their favour against the same “socially-owned” company − DP “Filip Kljajić” from Kragujevac − and about the lack of an effective domestic remedy at their disposal in this connection. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table.

Between 15 November 2011 and 2 December 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 these applications against an undertaking by the Government to pay each of them the amounts specified in the appended table 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 this sum 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 said three-month period the Government will pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present case (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.

The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.

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).

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You are here: BAILII >> Databases >> European Court of Human Rights >> Slava MILOJEVIC & Ors v SERBIA- 694/09 [2012] ECHR 421 (14 February 2012) URL: http://www.bailii.org/eu/cases/ECHR/2012/421.html Cite as: [2012] ECHR 421