CASE OF BUGARIĆ 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;Dmitry Dedov;Helena Jäderblom
5. The applicant was born in 1957 and lives in Novi Pazar. 6. She was employed by DP “Raška Holding Kompanija” AD, a socially-owned company based in Novi Pazar (hereinafter “the debtor”). 7. On 30 June 2004, 25 September 2009 and 21 December 2009 respectively, the Novi Pazar Municipal Court ordered the debtor to pay the applicant certain amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. These judgments became final on 15 September 2004, 20 October 2009 and 5 October 2010 respectively. 8. On 5 October 2004 and 11 July 2011 respectively, upon the applicant’s request to that effect, the Novi Pazar Municipal Court ordered the enforcement of the said judgments; it further ordered the debtor to pay the applicant the enforcement costs. 9. On 11 September 2013 the Kraljevo Commercial Court opened preliminary insolvency proceedings against the debtor. 10. On 25 October 2013 the same court opened insolvency proceedings against the debtor. 11. The insolvency proceedings are still ongoing.