CASE OF BLAGOJEVIĆ AND OTHERS v. SERBIA
Violation of Article 6 - Right to a fair trial (Article 6 - Disciplinary 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;Georgios A. Serghides;Pere Pastor Vilanova
4. All applicants were former employees of “LETEKS” u stečaju (the debtor), which was, at the relevant time, a company predominantly comprised of socially-owned capital. 5. Since the debtor failed to fulfil its contractual obligations towards its employees, on an unspecified date, the applicants instituted civil proceedings against it. 6. On 18 April 2008 the Leskovac Municipal Court ordered the debtor to pay the applicants specified amounts on account of salary arrears, plus the costs and expenses of the civil proceedings. 7. On 3 October 2010 the above judgment became final. 8. Between 20 November 2008 and 30 November 2009 all applicants filed separate requests for the enforcement of the above judgment. 9. The Leskovac Municipal Court ultimately accepted the applicants’ requests and issued the enforcement orders, respectively. The essential information as to the enforcement proceedings in respect of each application is outlined in the Annex to this judgment. 10. On 25 January 2011 the Leskovac Commercial Court opened insolvency proceedings in respect of the debtor (St. 47/2010). 11. The applicants duly submitted their respective claims. 12. On an unspecified date the applicants’ claims based on the judgment of 18 April 2008 were formally recognised. 13. The insolvency proceedings against the debtor are still ongoing. 14. On 31 March 2010, the applicants lodged a constitutional appeal. 15. On 8 July 2013 the Constitutional Court dismissed the appeal in respect of all applicants except the applicants Ms Jagoda Jančić (application no. 62499/10), Mr Predrag Stamenković (application no. 63100/10) and Ms Stana Stanković (application no. 63137/10). 16. On 18 September 2013 the Constitutional Court also found a violation of the right to a hearing within a reasonable time, in respect of Ms Jančić, Mr Stamenković and Ms Stanković. It further awarded each of them 500 euros (EUR) as just satisfaction for non-pecuniary damage and ordered the court in Leskovac to expedite the proceedings.