CASE OF ŠERIFOVIĆ AND OTHERS 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;Mārtiņš Mits
5. The applicants were born in 1961, 1960 and 1949, respectively, and live in Novi Pazar. 6. They were employed by DP “Raška Holding Kompanija” AD, a socially-owned company based in Novi Pazar (hereinafter “the debtor”). A. Civil proceedings brought by the first applicant (Ms Fifa Šerifović) 7. On 27 March 2003, 11 December 2003 and 3 October 2005 respectively, the Novi Pazar 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. These judgments became final on 22 April 2003, 16 January 2004 and 1 January 2006 respectively. 8. On 23 May 2003, 25 February 2004 and 20 April 2006 respectively, upon the first applicant’s request to that effect, the Novi Pazar Municipal Court ordered the enforcement of the said judgments and further ordered the debtor to pay the first applicant the enforcement costs. B. Civil proceedings brought by the second applicant (Ms Muradija Seferović) 9. On 5 November 2007, the Tutin 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 20 November 2007. 10. On 19 October 2012, upon the second applicant’s request to that effect, the Tutin Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the second applicant the enforcement costs. C. Civil proceedings brought by the third applicant (Ms Derviša Zukorlić) 11. On 12 May 2008, the Novi Pazar Municipal Court ordered the debtor to pay the third applicant specified amounts on account of salary arrears, plus the costs of the civil proceedings. This judgment became final on 22 July 2008. 12. On 13 June 2011, upon the third applicant’s request to that effect, the Novi Pazar Municipal Court ordered the enforcement of the said judgment and further ordered the debtor to pay the third applicant the enforcement costs. 13. On 5 January 2004 the Privatisation Agency ordered the restructuring of the debtor. 14. On 11 September 2013 the Kraljevo Commercial Court opened insolvency proceedings in respect of the debtor. 15. The applicants duly reported their respective claims based on the above-mentioned judgments to the insolvency administration. 16. The insolvency proceedings are still ongoing.