CASE OF VUKOSAVLJEVIĆ 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
5. The applicant was born in 1962 and lives in Velika Reka. 6. He was employed by Holding Kompanija “Komgrap” – DD “Komgrap gradnja”, a socially-owned company based in Belgrade (hereinafter “the debtor”). 7. On 3 February 2006, the First Belgrade Municipal Court ordered the debtor to pay the applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 31 July 2006. 8. On 23 October 2006, upon the applicant’s request to that effect, the Fourth Belgrade Municipal Court accepted the enforcement of the said judgment and further ordered the debtor to pay the applicant the enforcement costs. 9. On 24 December 2010 the Belgrade Commercial Court opened insolvency proceedings in respect of the debtor (St. 4372/2010). 10. On 22 June 2011 the applicant submitted his respective claims. 11. On 31 October 2010 the Belgrade Commercial Court dismissed these claims as out of time. The Commercial Appeals Court upheld that decision on 26 June 2012. 12. The insolvency proceedings against the debtor are still ongoing. 13. On 23 April 2010 the applicant lodged a constitutional appeal. 14. The Constitutional Court dismissed his appeal on 14 July 2011. 15. On 13 March 2012 the applicant lodged a new constitutional appeal. 16. On 26 January 2012 the Constitutional Court dismissed again his appeal. On 28 December 2012 that decision was delivered to the applicant.