Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
70716/16

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC007071616

THIRD SECTION

DECISION

Applications nos. 70716/16 and 4125/17

Ivana STOJANOVIĆ against Serbia

and Dragan MILENOVIĆ against Serbia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 12 September 2019 as a Committee composed of:

Dmitry Dedov, President,

Alena Poláčková,

Gilberto Felici, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the parties,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Ms T. Stojiljković, a lawyer practising in Leskovac.

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").

Uzasadnienie prawne

THE LAW

A. Joinder of the applications

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

B. 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)

In the present applications, having examined all the material before it, the Court considers that the respondent Government cannot be held liable for the non-enforcement of the domestic decisions since the applicants failed to properly raise their complaints before the Constitutional Court.

In view of the above, the Court finds that these complaints are inadmissible for non-exhaustion of domestic remedies and must be rejected in accordance with Article 35 §§ 1 and 4 of the Convention.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 3 October 2019.

Liv Tigerstedt

Dmitry Dedov

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

Date of birth

Relevant domestic decision

Start date of non-enforcement period

End date of non-enforcement period

Length of enforcement proceedings

1.

70716/16

14/11/2016

Ivana Stojanović

23/09/1971

Municipal Court in Leskovac, 20/01/1999

Municipal Court in Leskovac, 07/12/2001

24/11/2004

02/12/2005

pending

More than 14 year(s) and 7 month(s) and 17 day(s)

pending

More than 13 year(s) and 7 month(s) and 9 day(s)

2.

4125/17

29/12/2016

Dragan Milenović

29/09/1965

Municipal Court in Leskovac, 01/11/2005

26/01/2006

pending

More than 13 year(s) and 5 month(s) and 15 day(s)