CASE OF JOVANOVIĆ 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;Dmitry Dedov;Helena Jäderblom
5. The applicant was born in 1943 and lives in Niš. 6. On 28 April 2010 the applicant brought an enforcement action before the Smederevo Court of First Instance (Osnovni sud u Smederevu) against a socially/State-owned company “FŽV Želvoz a.d. Smederevo” (the debtor). 7. On 15 December 2010 that court ordered direct enforcement of the outstanding invoice (izvršenje na osnovu verodostojne isprave). 8. On 15 June 2011 the Privatisation Agency ordered the restructuring of the debtor as part of privatisation process. 9. On 25 October 2011 the enforcement proceedings were stayed because the debtor was undergoing restructuring. 10. On 3 November 2011 the applicant appealed the decision to stay the enforcement proceedings. 11. On 10 February 2012 the applicant’s appeal was rejected by the enforcement court. 12. On 21 March 2013 the applicant urged the court to continue the enforcement proceedings. 13. On 7 June 2013 the court informed the applicant that the debtor was still undergoing restructuring and that therefore the enforcement proceedings could not be continued. 14. It would appear that the applicant did not appeal against this decision. 15. On 11 January 2010 the applicant brought an enforcement action before the Niš Commercial Court (Privredni sud u Nišu) against a socially/State-owned company “Vagonka a.d. Niš” (the debtor). 16. On 29 January 2010 that court ordered direct enforcement of the outstanding invoice. 17. On 4 November 2009 the Privatisation Agency ordered the restructuring of the debtor as part of privatisation process. 18. On 4 February 2010 the enforcement proceedings were stayed because the debtor was undergoing restructuring. 19. The applicant did not appeal against this decision which became final on 17 February 2010. 20. On 20 March 2013 the applicant urged the court to continue the enforcement proceedings. 21. On 22 March 2013 the court informed the applicant that the debtor was still undergoing restructuring and that therefore the enforcement proceedings could not be continued.