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You are here: BAILII >> Databases >> European Court of Human Rights >> RODIC AND SVIRCEV v. SERBIA - 17148/16 (Judgment : Article 6 - Right to a fair trial : Third Section Committee) [2019] ECHR 621 (19 September 2019) URL: http://www.bailii.org/eu/cases/ECHR/2019/621.html Cite as: [2019] ECHR 621, CE:ECHR:2019:0919JUD001714816, ECLI:CE:ECHR:2019:0919JUD001714816 |
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THIRD SECTION
CASE OF RODIĆ AND SVIRČEV v. SERBIA
( Application no. 17148/16 )
JUDGMENT
STRASBOURG
19 September 2019
This judgment is final but it may be subject to editorial revision.
In the case of Rodić and Svirčev v. Serbia ,
The European Court of Human Rights ( Third Section ), sitting as a Committee composed of:
Dmitry Dedov, President,
Alena Poláčková ,
Gilberto Felici , judges,
and Liv Tigerstedt , Acting
Deputy Section Registrar
,
THE FACTS
3. The list of applicant s and the relevant details of the applications are set out in the appended table. 4. The applicant s complained of the excessive length of civil proceedings . I n application no. 15434/17, t he applicant also raised other complaints under the provisions of the Convention.THE LAW
Article 6 § 1
"In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal ..."
"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
20. Regard being had to the documents in its possession and to its case - law (see, in particular, Nemet v. Serbia, no. 22543/05, §§ 19-22, 8 December 2009), the Court considers it reasonable to award the sums indicated in the appended table and dismisses the remainder of the claims for just satisfaction made by the applicant in application no. 15434/17. 21. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.FOR THESE REASONS, THE COURT , UNANIMOUSLY,
(a) that the respondent State is to pay the applicant s , within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 19 September 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv Tigerstedt
Dmitry Dedov
Acting Deputy Registrar
President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
( excessive length of civil proceedings )
Application no. Date of introduction |
Applicant ' s name Date of birth |
Representative ' s name and location |
Start of proceedings or date of entry into force of the Convention in respect of Serbia (3 March 2004) |
End of proceedings |
Total length Levels of jurisdiction |
Relevant domestic decision |
Amount awarded for non-pecuniary damage per applicant |
Amount awarded for costs and expenses per application (in euros) [3] | |
|
23/03/2016 |
Radovan Rodić 03/06/1967 |
Miljević Natalija Sombor |
03/03/2004
|
06/12/2012
|
8 years and 9 months and 4 days 2 levels of jurisdiction
|
Constitutional Court Už-1726/2013 14 September 2015 Inadmissible |
2,400 |
- |
|
17/02/2017 |
Jovica Svirčev 03/08/1966 |
Cicka Jano Kova č ica |
03/03/2004
|
23/04/2014
|
10 years and 1 month and 21 days 3 levels of jurisdiction
|
Constitutional Court Už-6527/2014 1 November 2016 Inadmissible |
1,700 |
500 |
[1] . Plus any tax that may be chargeable to the applicants.
[2] . Less any amounts which may have already been paid in this regard at the domestic level.
[3] . Plus any tax that may be chargeable to the applicants.