CASE OF BATIĆ AND OTHERS 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;Georgios A. Serghides;Pere Pastor Vilanova
5. The first applicant was born in 1958 and lives in Vranje. 6. On 19 January 2004 the Vladičin Han Municipal Court ordered a socially-owned company DP PK Delišes (hereinafter “the debtor company”), based in Vladičin Han, to pay the first applicant specified amounts on account of debt, plus the costs of the civil proceedings. This judgment became final on 15 March 2004. 7. On 27 May 2004, upon the first applicant’s request to that effect, the Vladičin Han Municipal Court ordered the enforcement of the said judgment and further ordered the debtor company to pay the first applicant the enforcement costs. 8. On 30 January 2014 the Leskovac Commercial Court opened insolvency proceedings in respect of the debtor company (St. 1/14). 9. As a result, the ongoing enforcement proceedings against the debtor company were stayed by the Municipal Court’s decision of 12 March 2014. 10. The first applicant duly submitted his respective claim. 11. The insolvency proceedings against the debtor company are still ongoing. 12. On 23 January 2013 the first applicant lodged a constitutional appeal. 13. On 28 May 2015 the Constitutional Court found a violation of the first applicant’s right to a hearing within a reasonable time. It further awarded him 500 euros (EUR) as just satisfaction for non-pecuniary damage. The Constitutional Court dismissed the first applicant’s complaint concerning his right to the peaceful enjoyment of his possessions as well as his request for pecuniary damages, since the insolvency proceedings were still pending. That decision was delivered to the first applicant on 13 July 2015. 14. The second applicant was born in 1956 and lives in Niš. 15. He was employed by DOO EI-7 Oktobar, a socially-owned company based in Niš (hereinafter “the debtor company”). 16. On 22 December 2005 the second applicant concluded the settlement with the debtor company before the Niš Municipal Court, by which the debtor company was obliged to pay the second applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This settlement became final on an unspecified date. 17. On 17 December 2010, upon the second applicant’s request to that effect, the Niš Municipal Court ordered the enforcement of the said settlement and further ordered the debtor company to pay the second applicant the enforcement costs. 18. On 5 September 2008 the Niš Municipal Court ordered the debtor company to pay the second applicant specified amounts on account of salary arrears and social insurance contributions, plus the costs of the civil proceedings. This judgment became final by 23 December 2008. 19. On 28 December 2010, upon the second applicant’s request to that effect, the Niš Municipal Court ordered the enforcement of the said judgment and further ordered the debtor company to pay the second applicant the enforcement costs. 20. On 30 June 2007 and 15 October 2007 respectively, the Republic Agency for Peaceful Settlement of Labour Disputes ordered the debtor company to pay the second applicant specified amounts on account of salary arrears and social insurance contributions. These decisions became final on unspecified dates. 21. On 27 December 2010 and 28 December 2010 respectively, upon the second applicant’s request to that effect, the Niš Municipal Court ordered the enforcement of the said decisions and further ordered the debtor company to pay the second applicant the enforcement costs. 22. On 23 May 2012 the Niš Commercial Court opened insolvency proceedings in respect of the debtor company (St. 115/12). As a result, the ongoing enforcement proceedings against the debtor company were stayed. 23. The second applicant duly submitted his respective claims. 24. On 24 December 2015 the second applicant’s claims were formally recognised. 25. The insolvency proceedings against the debtor company are still ongoing. 26. On 11 February 2013 the second applicant lodged a constitutional appeal. 27. On 18 June 2015 the Constitutional Court dismissed his appeal as lodged out of time. It found that the second applicant failed to lodge his appeal within thirty days as of the date when the decisions on the staying of the enforcement proceedings as a result of opening of the insolvency proceedings had been delivered to him. That decision was delivered to the second applicant after 16 July 2015. 28. The third applicant was born in 1953 and lives in Kragujevac. 29. He was employed by DP Industrija Filip Kljajić, a socially-owned company based in Kragujevac (hereinafter “the debtor company”). 30. On 13 May 2002 the third applicant concluded the settlement with the debtor company before the Kragujevac Municipal Court, by which the debtor company was obliged to pay the third applicant specified amounts on account of salary arrears, plus the costs of the civil proceedings. This settlement became final on an unspecified date. 31. On 27 August 2002, upon the third applicant’s request to that effect, the Kragujevac Municipal Court ordered the enforcement of the said settlement and further ordered the debtor company to pay the third applicant the enforcement costs. 32. On 5 March 2010 the Kragujevac Commercial Court opened insolvency proceedings in respect of the debtor company (St. 45/10). 33. The third applicant duly submitted his respective claim. 34. On 25 October 2010 the third applicant’s claim was formally recognised. 35. On 2 August 2012 the third applicant was paid 13.12 % of his recognized claim. 36. The insolvency proceedings against the debtor company are still ongoing. 37. On 10 May 2013 the third applicant lodged a constitutional appeal. 38. On 28 December 2015 the Constitutional Court dismissed his appeal as lodged out of time. It found that the third applicant failed to lodge his appeal within thirty days as of the date when the decision on opening of the insolvency proceedings had been rendered or as of the date when he had submitted his claim in the insolvency proceedings. That decision was delivered to the third applicant on 29 January 2016.