CASE OF SIMONOVIĆ AND OTHERS v. SERBIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court)
Branko Lubarda;Mārtiņš Mits
5. All the applicants were employed by RTB Bor – grupa Industrija za preradu Majdanpek, a socially-owned company based in Majdanpek (hereinafter “the debtor”). 6. Since the debtor had failed to fulfil its obligations toward its employees, the applicants brought numerous separate civil suits, seeking payment of salary arrears and various social security contributions. 7. The applicants obtained final court judgments ordering the debtor to pay them certain sums. The essential information as to the domestic proceedings in respect of each application is indicated in the appended table. 8. Following a period during which the enforcement proceedings had been suspended, between June and August 2011 the final court judgments in question were all fully enforced in respect of the applicants. 9. Since October 2011, the debtor is a company predominantly comprised of State or socially owned capital and is still in the process of being restructured.