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SECOND
SECTION
DECISION
Applications nos. 3716/09 and 38051/09
Ljubinka
MILUNOVIĆ against Serbia
and Ramiza ČEKRLIĆ against
Serbia
The
European Court of Human Rights (Second Section), sitting on
21 February 2012 as a Chamber composed of:
Françoise
Tulkens,
President,
Danutė
Jočienė,
David
Thór Björgvinsson,
Dragoljub
Popović,
András
Sajó,
Guido
Raimondi,
Paulo
Pinto de Albuquerque,
judges,
and
Stanley Naismith, Section
Registrar,
Having
regard to the above applications lodged on 15 December 2008,
Having
regard to the decision to grant priority to the above applications
under Rule 41 of the Rules of Court,
Having
regard to the formal declarations accepting a friendly settlement of
the cases,
Having
regard to the decision of 17 May 2011, to join the applications and
declare them admissible,
Having
deliberated, decides as follows:
THE FACTS
- The
applicants were born in 1952 and 1960 respectively and
live in Vladimirci and Novi Pazar.
- Both
applicants obtained final judgments in their favour, against their
common employer, which is a socially-owned company.
- As
the domestic courts failed to enforce the said judgments, the
applicants sought redress from the Constitutional Court.
THE LAW
- On
1 July and 8 June 2011 (in the first applicant’s case), and on
1 July and 6 June 2011 (in the second applicant’s case), 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 their applications
against an undertaking by the Government to pay each applicant 6,800
(six thousand eight hundred) euros to cover any non-pecuniary damage,
as well as costs and expenses, which would be converted into the
domestic currency at the rate applicable on the date of payment, and
be free of any taxes that may be applicable. The Government also
undertook to pay to the applicants the full amounts of their claims
in the domestic proceedings, by fully paying, from their own funds,
the sums awarded to the applicants in the final domestic judgments of
the Municipal Court in Novi Pazar (the judgment of 8 October 2004 –
domestic case no. P1.702/04, in the case of the first applicant;
the judgments of 12 March 1998 and 26 April 2005 – domestic
case nos. P1.79/98 and P1.710/04, in the case of the second
applicant), less any social security contributions which had already
been covered. The Government furthermore undertook to pay to both
applicants the sums awarded for the costs of their respective
domestic enforcement proceedings. All 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 payment
will constitute the final resolution of the case.
- In
these circumstances, the Court concludes that it is no longer
justified to continue the examination of the application within the
meaning of Article 37 § 1 (c) of the Convention. Furthermore,
the Court finds no reasons of a general character, as defined in
Article 37 § 1 in fine,
which would require the examination of the application by virtue of
that Article.
- Accordingly,
the cases should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the case
out of the list.
Done in English, and notified in writing on 21 February 2012,
pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Stanley Naismith Françoise
Tulkens Registrar President
