Failure to enforce judgments in favor of dismissed workers violates the fair trial and respect for their property.
JUDGMENT
Krndija and others v. Serbia 27-06-2017 (no. 30723/09, 9370/13, 32658/12 and 2632/09)
SUMMARY
Failure to execute court orders in favor of dismissed employees regarding compensation or reimbursement constitutes a violation of the fair trial and the right to respect for their property. The State is responsible for non-execution of court rulings. Infringement of Article 6 (1) and Article 1 of the First Protocol.
USE
Particularly useful decision for employees who have decisions on their favor regarding compensation or re-enrollment and have not been executed. A fair trial ends with the execution of judgments and this consists of the responsibility of the state. This decision can also be applied to irrevocable civil decisions (other than labor law) that are not enforced.
PROVISION
Article 6 par. 1
Article 1 of the First Additional Protocol
PRINCIPAL FACTS
The applicants, Neđo Krndija, Enisa Mavrić, Predrag Vukosavljević, and Bora Jovanović, are Serbian nationals who were born in 1948, 1967, 1963, and 1951 respectively and live in Barič, Novi Pazar, Ralja, and Leskovac (Serbia). All four applicants were dismissed by their respective employers and subsequently brought civil claims against them, seeking reinstatement and/or pecuniary damages.
All of them obtained final court decisions in their favour. However, none of these decisions have ever been enforced. The applicants complained that the national authorities had failed to enforce final court decisions in their favour and that they had had no effective domestic remedy for this.
They relied in particular on Article 6 § 1 (right to a fair hearing) and Article 1 of Protocol No.1 (protection of property).
THE DECISION OF THE COURT
Violation of Article 6 § 1 – in respect of Neđo Krndija and Enisa Mavrić
Violation of Article 1 of Protocol No. 1 – in respect of Neđo Krndija and Enisa Mavrić
The Court further struck the application of Bora Jovanović out of its list of cases and declared the application of Predrag Vukosavljević inadmissible.
Just satisfaction: The Court held that Serbia was to pay Neđo Krndija and Enisa Mavrić the sums awarded in the court judgments rendered in their favour. It further awarded them EUR 2,000 each in respect of non-pecuniary damage.
