CASE OF GAVOVIĆ 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)
Ján Šikuta
4. The applicant was born in 1963 and lives in Čajetina. 5. He was employed by Raketa-Putnički Saobraćaj AD, a company based in Užice (hereinafter “the debtor”). 6. Since the debtor had failed to fulfil its obligations toward its employees, the applicant brought a civil claim, seeking payment of salary arrears and various social security contributions. 7. On 10 July 2007 the Municipal Court (Opštinski sud) in Užice rendered a decision ordering the debtor to pay him certain sum. On 7 September 2007 this decision became final. 8. Due to the debtor’s failure to fulfil its obligations from this decision, the applicant submitted an enforcement request. On 17 March 2009 the Municipal Court (Opštinski sud) in Požega issued an enforcement order to that effect. 9. On 12 July 2010 the Commercial Court (Privredni sud) in Užice opened insolvency proceedings in respect of the debtor. As a result, all of the ongoing enforcement proceedings against the debtor were terminated. 10. The applicant duly reported his claim based on the above-mentioned court decision to the insolvency administration. 11. On 8 June 2011 the court accepted the applicant’s claim. 12. On 31 July 2014 the applicant’s representative informed the Court that the decision at issue had been partially enforced in the insolvency proceedings. 13. The insolvency proceedings in respect of the debtor are still ongoing. 14. The debtor, which operated as a socially-owned company, was privatised on 27 December 2002. 15. On 17 July 2007 the privatisation was annulled because the buyer in question had failed to fulfil his contractual obligations. 16. Following the annulment of the debtor’s privatisation the State owned 58.18% of shares in the company. 17. On 11 December 2008 the State sold its shares to a private company.