CASE OF McINNES 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
4. The applicant was born in 1963 and lives in Cres Salisbury East, Australia. 5. On 19 March 1985 the applicant sustained injuries in a traffic accident caused by the vehicles owned by the Danilo Bošković A.D. - Grdelica and Srbijatrans – Niš, both State/socially-owned companies (the debtors). 6. On 23 November 2001 and 1 July 2008 the First Municipal Court in Belgrade rendered two separate judgments ordering the debtors to pay the applicant certain sums as compensation for the sustained damages. 7. Due to the debtors’ failure to fulfil their obligations from these decisions, the applicant submitted enforcement requests. On 7 October 2005 and 18 October 2010, respectively, the First Municipal Court in Belgrade issued enforcement orders to that effect. The enforcement proceedings are still pending and the above decisions remain unenforced.