CASE OF M.B. - MAK ČAČAK DOO v. SERBIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
Branko Lubarda;Georgios A. Serghides;Pere Pastor Vilanova
A. As regards the first applicant 5. On 29 June 2005 the Čačak Commercial Court ordered a socially-owned company Fabrika Reznog Alata Čačak AD (hereinafter “the debtor”) to pay the first applicant specified amounts on account of damages, plus the costs of the civil proceedings. 6. On 22 February 2006 the Belgrade High Commercial Court amended the first instance judgment by ordering the debtor to also pay the first applicant specified amounts on account of lost profits and increasing the awarded costs of proceedings. This judgment became final on an unspecified date. 7. On 26 June 2007, upon the first applicant’s request to that effect, the Čačak Commercial Court ordered the enforcement of the said judgments and further ordered the debtor to pay the first applicant the enforcement costs. 8. On 17 March 2009 the debtor paid the first applicant a part of the sums specified in the said judgments. 9. On 30 March 2010 the Privatisation Agency ordered the restructuring of the first applicant’s debtor. As a result, the ongoing enforcement proceedings against the debtor were stayed. 10. On 11 March 2011 the first applicant lodged a constitutional appeal. 11. On 21 May 2014 the Constitutional Court found a violation of the first applicant’s right to a hearing within a reasonable time and of its right to the peaceful enjoyment of its possessions. It further awarded the first applicant 1,000 euros (EUR) as just satisfaction for non-pecuniary damage and ordered the court in Čačak to expedite the proceedings. The Constitutional Court dismissed the first applicant’s request for pecuniary damages as premature, since the enforcement proceedings were still pending. B. As regards the second applicant 12. On 11 July 2003 the Kraljevo Commercial Court established the secured property right of the applicant on certain commercial premises and ordered GP Jastrebac (hereinafter “the debtor”) , a socially-owned company undergoing insolvency proceedings, to finish the construction of that property. The Commercial Court further ordered the debtor to pay the second applicant a certain amount if it failed to do so. This decision became final on an unspecified date. The debtor never finished the construction of the property in question. 13. On 9 September 2009 the debtor paid the applicant a part of the amount established by the decision. 14. On 11 May 2011 the second applicant lodged a constitutional appeal. 15. On 26 March 2014 the Constitutional Court found a violation of the second applicant’s right to a hearing within a reasonable time. It further awarded him EUR 500 as just satisfaction for non-pecuniary damage and ordered the competent court to expedite the insolvency proceedings. The Constitutional Court dismissed the second applicant’s complaint concerning his right to the peaceful enjoyment of his possessions as well as his request for pecuniary damages, since the insolvency proceedings were still pending. C. As regards the third applicant 16. On 22 September 2003 the Belgrade Commercial Court ordered a socially-owned company, DP Fabrika termotehničkih uređaja i montaže “CER” Čačak (hereinafter “the debtor”), to pay the third applicant specified amounts on account of damages, plus the costs of the civil proceedings. This judgment became final by 17 October 2003. 17. On 30 October 2006, upon the third applicant’s request to that effect, the Belgrade Municipal Court accepted the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs. 18. On 12 October 2011 the third applicant lodged a constitutional appeal. 19. On 17 April 2014 the Constitutional Court found a violation of the third applicant’s right to a hearing within a reasonable time. It also awarded the third applicant EUR 800 as just satisfaction for non-pecuniary damage and ordered the competent court to expedite the proceedings. The Constitutional Court dismissed the third applicant’s complaint concerning its right to the peaceful enjoyment of possessions and its request for pecuniary damages as premature, since the enforcement proceedings were still pending.