FIRST SECTION

DECISION

Application no. 83901/17 HOLLAND FARMING MAKEDONIJA DOO and Stefan DIMKOVSKI against North Macedonia

( s ee appended table)

The European Court of Human Rights (First Section), sitting on 11 June 2020 as a Committee composed of:

Krzysztof Wojtyczek, President,

Linos-Alexandre Sicilianos,

Armen Harutyunyan , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 December 2017 ,

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

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 T. Doneska , a lawyer practising in Skopje.

The applicants ’ complaints under Article 1 of Protocol No. 1 t o the Convention concerning the customs misdemeanour proceedings were communicated to the Government of the Republic of North Macedonia (“the Government”) .

The Court received the friendly-settlement declaration under which the applicant s agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amount s 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 case.

THE LAW

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 application.

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

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 2 July 2020 .

Liv Tigerstedt Krzysztof Wojtyczek              Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol No. 1 t o the Convention

( Customs proceedings )

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

Amounts awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

83901/17

12/12/2017

Holland Farming

Makedonija DOO

Tatjana Doneska

Skopje

09/03/2020

12/11/2019

3, 0 00

Stefan DIMKOVSKI

1977

4,5 00

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