CASE OF RAKIĆ AND SARVAN v. SERBIA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Reasonable time);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;Mārtiņš Mits
5. The applicants were born in 1976 and 1948 respectively and live in Požega. 6. They were employed by Raketa-Putnički Saobraćaj AD, a socially-owned company based in Užice (hereinafter “the debtor”). 7. On 26 June 2006 the Požega Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 7 July 2006. 8. On 15 August 2006 upon the first applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs. 9. On 22 September 2006 the Požega Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 8 October 2006. 10. On 19 October 2006 upon the first applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs. 11. On 22 January 2008 the Požega Municipal Court ordered the debtor to pay the first applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final by 2009. 12. On 24 September 2009 upon the first applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the first applicant the enforcement costs. 13. On 19 June 2006 the Požega Municipal Court ordered the debtor to pay the second applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 5 July 2006. 14. On 21 August 2006 upon the second applicant’s request to that effect, the Požega Municipal Cour ordered the enforcement of the said judgment and further ordered the debtor to pay the second applicant the enforcement costs. 15. On 21 September 2006 the Požega Municipal Court ordered the debtor to pay the second applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final on 6 October 2006. 16. On 17 October 2006 upon the second applicant’s request to that effect, the Požega Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the second applicant the enforcement costs. 17. The debtor, which operated as a socially-owned company, was privatised on 27 December 2002. 18. On 17 July 2007 the privatisation was annulled because the buyer in question had failed to fulfil his contractual obligations. 19. Following the annulment of the debtor’s privatisation the State owned 58.18% of shares in the company. 20. On 11 December 2008 the State sold its shares to a private company. 21. On 12 July 2010 the Užice Commercial Court opened insolvency proceedings in respect of the debtor. As a result, all of the ongoing enforcement proceedings against the debtor were stayed. 22. The applicants duly reported their respective claims based on the above-mentioned judgments to the insolvency administration. 23. On 8 June 2011 the Commercial Court recognized a part of the applicants’ claims. 24. In March 2014 and July 2014 some of the judgments at issue had been partially enforced in the insolvency proceedings. 25. The insolvency proceedings are still ongoing.