CASE OF MEĆAVA 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)
Ján Šikuta
4. The applicant was born in 1947 and lives in Smederevo. 5. The applicant was employed by “HP Fagram DP”, a socially-owned company based in Smederevo (hereinafter – “the debtor”). 6. On 30 September 2003 the Smederevo Municipal Court ordered the debtor to pay the applicant certain sums in respect of salary arrears, social security contributions and procedural costs. 7. On 22 October 2003 the judgment became final. 8. On 9 January 2004 the applicant lodged an application for the enforcement of the above court decision with the Smederevo Municipal Court. 9. On 17 March 2003 the court allowed the application and issued an enforcement order. 10. On 1 September 2004 the Požarevac Commercial Court opened insolvency proceedings in respect of the debtor, which led to the ongoing enforcement proceedings before the Smederevo Municipal Court being stayed. 11. In 22 November 2004 the applicant duly registered a claim for the sums specified in the judgment referred to above. 12. On 26 April 2005 the Commercial Court accepted the applicant’s claim. His right to separate settlement from the immovable property of the debtor was contested and he was instructed to initiate separate civil proceedings in order to secure his right to separate settlement of his claim. 13. The applicant did not initiate separate civil proceedings. 14. On 3 April 2008 the Commercial Court adopted the decision on final distribution of the company’s insolvency assets, classifying the applicant into the fourth sequence of payment. In the course of the insolvency proceedings the final judgment in the applicant’s favour was partially enforced.