MILIC v. MONTENEGRO AND SERBIA - 28359/05 - HEJUD [2012] ECHR 2057 (11 December 2012)

MILIC v. MONTENEGRO AND SERBIA - 28359/05 - HEJUD [2012] ECHR 2057 (11 December 2012)

The Court found that the enforcement proceedings concerning the applicant's reinstatement lasted more than five years and seven months after the Convention entered into force in respect of Montenegro, with no adequate diligence shown by the authorities and no effective remedy available. This constituted a violation of Article 6 § 1 and Article 13 of the Convention.

Citation
[2012] ECHR 2057
Parties
Applicant: Ivan Milić; Respondent: Montenegro; Respondent: Serbia
Jurisdiction
European Union
Judgment Date
11 December 2012
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits
Outcome
Application partly admissible; violations found; just satisfaction awarded for non-pecuniary damage; remainder of claims dismissed.
Legal Topics
Non Enforcement of Judgments, Right to a Fair Trial, Effective Remedy, Length of Proceedings, Employment Reinstatement
Human Rights Law Labour Law Civil Procedure Non Enforcement of Judgments Right to a Fair Trial Effective Remedy Length of Proceedings Employment Reinstatement

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Parties

Ivan Milić

Applicant

Montenegro

Respondent

Serbia

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Admissibility and Merits

Legal Issues

  1. 1 Whether the non-enforcement of a final judgment ordering reinstatement violated Article 6 § 1 of the Convention
  2. 2 Whether there was a lack of an effective domestic remedy in violation of Article 13 of the Convention

Ratio Decidendi

The Court found that the enforcement proceedings concerning the applicant's reinstatement lasted more than five years and seven months after the Convention entered into force in respect of Montenegro, with no adequate diligence shown by the authorities and no effective remedy available. This constituted a violation of Article 6 § 1 and Article 13 of the Convention.

Court Disposition

Application partly admissible; violations found; just satisfaction awarded for non-pecuniary damage; remainder of claims dismissed.

Orders

  • Montenegro to pay the applicant EUR 7,000 in respect of non-pecuniary damage within three months, plus any tax chargeable.
  • From expiry of three months until settlement, simple interest at the marginal lending rate of the European Central Bank plus three percentage points.