Europejskiego Trybunału Praw Człowieka
z dnia 29 września 2015 r.
Applications nos. 9990/12 and 76373/14
Semiha BUKVIĆ against Serbia
and Vesna JANKOVIĆ against Serbia
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Valeriu Griţco, President,
Mārtiņš Mits, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 8 February 2012 and 6 July 2012 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Semiha Bukvić and Ms Vesna Janković are Serbian nationals, born in 1968 and 1969 respectively and living in Novi Pazar. They were represented before the Court by Ms R. Paljevac Emrović and Mr I. Kalić respectively, both lawyers practicing in Novi Pazar.
The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1, the applicants complained about the non-enforcement of final court decisions (Municipal Court in Novi Pazar of 3 November 1997, 9 December 2004, 1 April 2006 and 17 January 2007) rendered in their favour against a socially/State-owned company (Raška Holding Kompanija - u restrukturiranju).
Between 3 January 2015 and 17 April 2015 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 2,000 EUR (two thousand euros) less any amounts which may have already been paid in that regard at the domestic level to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases, 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.
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 22 October 2015.