Judgment (Merits and Just Satisfaction) of Court (Third Section Committee), April 28, 2015 (case CASE OF RAKIĆ v. SERBIA)

• Defense: SERBIA
• Resolution Date: April 28, 2015
• Issuing Organization: Court (Third Section Committee)

THIRD SECTION

CASE OF RAKIĆ v. SERBIA

(Application no. 78761/12)

JUDGMENT

STRASBOURG

28 April 2015

This judgment is final but it may be subject to editorial revision.

In the case of Rakić v. Serbia,

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

             Ján Šikuta, President,              Dragoljub Popović,              Iulia Antoanella Motoc, judges,and Marialena Tsirli, Deputy Section Registrar,

Having deliberated in private on 7 April 2015,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 78761/12) against the Republic of Serbia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Serbian national, Ms Mila Rakić (“the applicant”), on 1 December 2012.

2. The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.

3. On 28 August 2013 the application was communicated to the Government.

4. The Government objected to the examination of the application by a Committee. After having considered the Government’s objection, the Court rejects it.

   THE FACTS

   1. THE CIRCUMSTANCES OF THE CASE

5. The applicant was born in 1949 and lives in Kraljevo.

6. On 6 November 2008 the Municipal Court (Opštinski sud) in Kraljevo ordered socially/State-owned companies Holding Kompanija FVK AD “Vagonogradnja”, Holding Kompanija FVK AD, and Koncern FVK AD “Vagonogradnja” (the debtors) to pay to the applicant certain sums on account of salary arrears and employment related benefits.

7. On 5 March 2009 the District Court (Okružni sud) in Kraljevo quashed one part of the judgment and remitted it to the first-instance court for a retrial. That part of the judgment is not the subject-matter of the present case. Furthermore, the District Court amended another part of the judgment of 6 November 2008 and upheld the remainder of it.

8. The relevant part of the judgment of 6 November 2008, as amended on 5 March 2009, became both final and enforceable on 20 April 2009.

9. On 28 December 2009 the applicant filed a request for enforcement of the judgment of 6 November 2008.

10. On 29 January 2010 the Court of First Instance (Osnovni sud) in Kraljevo, now acting as the competent court, ordered the applicant to remedy some shortcomings in her request for enforcement. On 3 February 2010 the applicant did so.

11. On 26 April 2010 the enforcement proceedings were stayed because the debtors were undergoing restructuring.

12. On 5 September 2011 the applicant requested the Court of First Instance to continue with the enforcement.

13. On 26 September 2011 the Court of First Instance issued an enforcement order. On 17 May 2012 the enforcement order was quashed on appeal, as the debtors’ names were changed in the meantime.

14. On 19 June 2012 the applicant informed the enforcement court of the debtors’ new names.

15. On 17 September 2013 the Court of First Instance issued a fresh enforcement order. It awarded the applicant 36,567 Serbian dinars (RSD) on account of the enforcement costs. On 13 December 2013 the enforcement order was upheld on appeal.

16. On 30 April 2014 the Court of First Instance ordered the applicant to provide further details about the debtors’ names, the amounts of social benefits due and the bank...