CASE OF TOMOVIĆ AND OTHERS 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
5. All the applicants were 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 applicants brought numerous separate civil claims, seeking payment of salary arrears and various social security contributions. 7. The applicants obtained final court decisions ordering the debtor to pay them certain sums. The essential information as to the domestic proceedings in respect of each application is indicated in the annexed table. 8. 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. 9. The applicants duly reported their respective claims based on the above-mentioned court decisions to the insolvency administration. 10. On 8 June 2011 the court accepted the applicants’ claims. 11. On 29 July 2014 the applicants’ representative informed the Court that some of the decisions at issue had been partially enforced in the insolvency proceedings. 12. The insolvency proceedings in respect of the debtor are still ongoing. 13. The debtor, which operated as a socially-owned company, was privatised on 27 December 2002. 14. On 17 July 2007 the privatisation was annulled because the buyer in question had failed to fulfil his contractual obligations. 15. Following the annulment of the debtor’s privatisation the State owned 58.18% of shares in the company. 16. On 11 December 2008 the State sold its shares to a private company.