CASE OF RAGUŽ 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)
Ján Šikuta;Johannes Silvis;Kristina Pardalos;Luis López Guerra
6. The applicant was born in 1940 and lives in Dubrovnik. 7. On 18 February 2003 the Municipal Court (Opštinski sud) in Gornji Milanovac ordered V.T. (“the debtor”) to pay to the applicant 2,500 Euros (“EUR”) plus statutory interest on account of debt and 187,750 Serbian dinars (“RSD”), which was approximately EUR 3,028 at the time of the delivery of the judgment, for the costs of the civil proceedings. 8. On 23 August 2003 the District Court (Okružni sud) in Čačak, on appeal, reduced the award in respect of costs to RSD 97,250 (approximately EUR 1,568) and upheld the first-instance judgment for the remainder. 9. The judgment of 18 February 2003, as amended on 23 August 2003, became final on 5 September 2003. 10. On 23 October 2003, at the applicant’s request, the Municipal Court ordered the enforcement of the judgment by seizure and sale of the debtor’s movable assets. 11. Following three failed attempts at seizure of the debtor’s movable assets, on 21 December 2004 the Municipal Court informed the applicant that the enforcement by seizure and sale of the judgment debtor’s property was impossible due to the debtor’s indigence. 12. On 13 July 2005 the Municipal Court terminated the enforcement proceedings. This decision was quashed on appeal on 24 October 2005 by the Municipal Court. 13. Following a further attempt at seizure of the debtor’s movable assets, on 11 October 2007 the Municipal Court stayed the enforcement proceedings (prekida se postupak izvršenja) because of the debtor’s death in the meantime. 14. On 3 June 2008 the applicant proposed that the enforcement proceedings be continued by seizure and sale of the deceased debtor’s movable and immovable estate. In support of his request, the applicant submitted a court decision of 2 October 2001 by which the debtor and two other persons had previously inherited a house with a plot of land. He also requested the court to appoint a temporary representative for the debtor’s heirs in accordance with Article 32 of the Enforcement Procedure Act. On 20 June 2008 the Municipal Court rejected the applicant’s request. This decision was quashed on appeal on 27 March 2009 by the Municipal Court. 15. On 16 April 2009 the Municipal Court invited the applicant to provide the names and the addresses of proposed debtors, indicate the debtor’s heirs, propose the means of enforcement and details and proof of ownership concerning immovable assets, all within three days, failing which his request would be rejected. It was further specified that no appeal was allowed against this decision. In the reasoning, the court found that the names and the addresses of the debtor’s potential heirs were available from the decision of 2 October 2001, and that therefore, there was no need for the appointment of a temporary representative. On 8 June 2009, however, the Municipal Court instructed the applicant to advance the costs for a temporary representative within eight days. It was also specified that no appeal was allowed against this decision. 16. On 27 August 2009 the Municipal Court rejected the applicant’s request for continuation of the enforcement proceedings because of his failure to abide by the orders of 16 April and 8 June 2009. This decision was upheld on appeal on 13 October 2009. 17. According to the Government, there are eight heirs of the deceased debtor, the names and addresses of which have been known.