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STOJANOVSKI AND OTHERS v. NORTH MACEDONIA

Doc ref: 14961/16, 27676/16, 27865/16, 54556/16, 16071/17, 53087/17, 53088/17, 16353/18, 33111/18, 43176/18, ... • ECHR ID: 001-209299

Document date: March 11, 2021

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STOJANOVSKI AND OTHERS v. NORTH MACEDONIA

Doc ref: 14961/16, 27676/16, 27865/16, 54556/16, 16071/17, 53087/17, 53088/17, 16353/18, 33111/18, 43176/18, ... • ECHR ID: 001-209299

Document date: March 11, 2021

Cited paragraphs only

FIFTH SECTION

DECISION

Application no. 14961/16 Gencho STOJANOVSKI against North Macedonia and 13 other applications

(s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 11 March 2021 as a Committee composed of:

Ganna Yudkivska, President, Ivana Jelić , Arnfinn Bårdsen , judges,

and Liv Tigerstedt, 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 were represented by Ms Danche Chakarovska-Grozdanovska , a lawyer practising in Skopje.

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 (or have never been connected) 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 1 April 2021 .

Liv Tigerstedt Ganna Yudkivska Deputy Registrar President

APPENDIX

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

(Interference with the right to property)

No.

Application no. Date of introduction

Applicant ’ s name

Year of birth

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]

14961/16

08/03/2016

Gencho STOJANOVSKI

1951

09/12/2020

04/12/2020

950

27676/16

09/05/2016

Maja JANKOVIKJ KRSTIKJ

1971

09/12/2020

16/11/2020

1,150

27865/16

09/05/2016

Zora NIKOLOVSKA

1957

09/12/2020

16/11/2020

950

54556/16

07/09/2016

Marija TODOROVSKA

1935

09/12/2020

16/11/2020

950

16071/17

21/02/2017

Zoran KOSTOVSKI

1952

09/12/2020

16/11/2020

1,150

53087/17

21/07/2017

Zora NIKOLOVSKA

1957

09/12/2020

16/11/2020

950

53088/17

21/07/2017

Zora NIKOLOVSKA

1957

09/12/2020

16/11/2020

950

16353/18

03/04/2018

Kosta STOJANOVSKI

1955

09/12/2020

16/11/2020

950

33111/18

06/07/2018

Kosta STOJANOVSKI

1955

09/12/2020

16/11/2020

950

43176/18

04/09/2018

Gencho STOJANOVSKI

1951

09/12/2020

04/12/2020

950

51122/18

22/10/2018

Gencho STOJANOVSKI

1951

09/12/2020

04/12/2020

950

17840/19

22/03/2019

Marija TODOROVSKA

1935

09/12/2020

16/11/2020

950

18727/19

29/03/2019

Marija TODOROVSKA

1935

09/12/2020

16/11/2020

950

40205/19

19/07/2019

Gencho STOJANOVSKI

1951

09/12/2020

04/12/2020

950[1] Plus any tax that may be chargeable to the applicants.

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