Copechim Trading AG

The European Court of Human Rights (hereinafter: the Court) isOctober 3 made, and on October 24, 2024, announced the decision in the case Copechim Trading Ag v. Serbia (number39219/22).

The decision was made by a three-member Board.

THE CIRCUMSTANCES CASES

Constitutional Court on June 23, 2016adopted the constitutional appeal applicant - business company "Copecim Trading Ag", determined that the judgments of the Commercial Appellate Court and the Supreme Court of Cassation violated his right to a fair trial, annulled the judgment of the Supreme Court of Cassation Prev. 163/2013 of November 14, 2013 and ordered that the same court again decide on the applicant's review filed against the judgment of the Privredno Court of Appeal Pz. 7741/12 of December 18, 2012.

Acting on the decision of the Constitutional Court, the Supreme Court of Cassation issued a verdict on July 11, 2019, in which it changed the aforementioned verdict of the Commercial Court of Appeal, rejected the defendant's appeal and confirmed the first-instance verdict of the Commercial Court in Novi Sad in paragraphs 3 and 4 of the sentence.

Then, on May 29, 2020, by the decision on execution of the Commercial Court in Novi Sad, the execution of the final judgment of that court from March 2, 2012 was allowed, which decision was confirmed by the Commercial Court of Appeal on November 4, 2020.

In the meantime, on July 29, 2020, the public bailiff ordered the execution of the execution, and on August 11 of the same year, at the request of the executed debtor, he postponed the execution of the execution until the finality of his decision of July 29.

On August 17, 2020, the Commercial Court in Novi Sad rejected the applicant's objection to the decision on postponement of execution, and accepted the objection of the enforcement debtor, and changed the decision of the public executor by postponing the implementation of the execution until the decision of the Constitutional Court on the constitutional appeal filed by in the meantime, the executive debtor submitted. The Commercial Court of Appeal rejected the applicant's appeal against the previous decision of the Commercial Court in Novi Sad on September 15, 2020.

The applicant then submitted a constitutional appeal to the Constitutional Court against the decision of the Commercial Court of Appeal from September 15, 2020. His constitutional appeal was rejected on March 1, 2022, while the executive debtor's constitutional appeal has not yet been decided.

COMPLAINTS OF THE APPLICANT AND THE PROCEDURE BEFORE THE COURT

The petition was submitted to the Court on July 27, 2022.

In the petition, the applicant complained about the violation of rights from Article 6, paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the Convention), due to the non-execution of a domestic judgment rendered in his favor.

THE DECISION THE COURT

The court established that on August 17, 2020, the Commercial Court in Novi Sad suspended the enforcement of the legally binding judgment rendered in favor of the applicant until the completion of the constitutional appeal proceedings.

However, since the constitutional appeal has not been decided more than  four and a half years (from January 23, 2020), the Court concluded that it was too long a period and that in this case the state authorities did not make all the necessary efforts to fully and timely execute their judgment in favor of the applicant - business company.

For the aforementioned reasons, the Court found a violation of Article 6, paragraph 1 of the Convention.

PRWONDERFULLY SATISFACTION (Article 41 of the Convention)

The court obliged the Republic of Serbia to ensure the enforcement of the relevant decision of the domestic court in an appropriate manner, as well as to  pay the applicant the amount of 2,100 euros for non-material damages and 250 euros for the costs of the procedure.