The applicant, Radoljub Marinković, is a Serbian national who was born in 1955 and lives in Užice (Serbia). The case concerned the enforcement of his civil claim against the company that had employed him, Raketa-Putnički Saobraćaj. Though the company was privatised in 2002, in July 2007 its sale was annulled, and the Serbian state owned a majority of the shares until these were sold in December 2008. Between March and September 2007, Mr Marinković successfully pursued three separate sets of civil claims against the company, seeking payment of salary arrears and social security contributions. He secured enforcement orders in all three cases, but the company entered insolvency in July 2010 and Mr Marinković did not receive all the money that was owed.
Relying, in particular, on Article 6 § 1 (right to a fair trial) of the European Convention on Human Rights and Article 1 of Protocol No. 1 (protection of property) to the Convention, he complained notably that the Serbian state had failed to enforce the judgments given in his favour.
The Court concluded that there was violation of Art. 6 (right to a fair trial) and Art. 1 of Protocol No. 1 (protection of property).
Just satisfaction: The Court held that Servia was to pay the applicant the sums awarded in the final domestic judgments rendered in his favour in respect of pecuniary damage; it further awarded the applicant EUR 2,000 in respect of non-pecuniary damage and costs and expenses.
English
Jurisdiction:
Article 6 - Right to a fair trial
Article 1 Protocol 1 - Protection of property
Subject:
Right to property
