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NAKEVSKA AND OTHERS v. NORTH MACEDONIA

Doc ref: 53739/16;54520/16;76212/16;77489/16;77490/16;16065/17;16066/17;16067/17 • ECHR ID: 001-210382

Document date: May 20, 2021

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NAKEVSKA AND OTHERS v. NORTH MACEDONIA

Doc ref: 53739/16;54520/16;76212/16;77489/16;77490/16;16065/17;16066/17;16067/17 • ECHR ID: 001-210382

Document date: May 20, 2021

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 53739/16 Trajanka NAKEVSKA against North Macedonia and 7 other applications

(s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 20 May 2021 as a Committee composed of:

Stéphanie Mourou-Vikström , President, Jovan Ilievski , Mattias Guyomar, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the formal declaration s accepting a friendly settlement of the case s ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants ’ complaint under Article 1 of Protocol No. 1 to the Convention concerning the payment of a standing heating charge for the apartments that they own and/or live in, which were disconnected from the district heating system, was communicated to the Government of North Macedonia (“the Government”).

The Court received the friendly-settlement declarations , signed by the parties, under which the applicant s agreed to waive any further claims against North Macedonia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the case s out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 10 June 2021 .

Viktoriya Maradudina Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention

No.

Application no. Date of introduction

Applicant ’ s name

Year of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded for non-pecuniary damage and costs and expenses

per applicant

in euros [1]

53739/16

07/09/2016

Trajanka NAKEVSKA

1953Danche Chakarovska-Grozdanovska

Skopje

08/02/2021

23/12/2020

1,000

54520/16

07/09/2016

Trajanka NAKEVSKA

1953Danche Chakarovska-Grozdanovska

Skopje

08/02/2021

23/12/2020

1,000

76212/16

02/12/2016

Mile INGILIZOVSKI

1959Pavlina Zefikj

Skopje

08/02/2021

10/02/2021

850

77489/16

02/12/2016

Mile INGILIZOVSKI

1959Pavlina Zefikj

Skopje

08/02/2021

10/02/2021

850

77490/16

02/12/2016

Mile INGILIZOVSKI

1959Pavlina Zefikj

Skopje

08/02/2021

10/02/2021

850

16065/17

21/02/2017

Trajanka NAKEVSKA

1953Danche Chakarovska-Grozdanovska

Skopje

08/02/2021

23/12/2020

1,000

16066/17

21/02/2017

Trajanka NAKEVSKA

1953Danche Chakarovska-Grozdanovska

Skopje

08/02/2021

23/12/2020

1,000

16067/17

21/02/2017

Mile INGILIZOVSKI

1959Pavlina Zefikj

Skopje

08/02/2021

10/02/2021

850[1] Plus any tax that may be chargeable to the applicants.

© European Union, https://eur-lex.europa.eu, 1998 - 2025

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