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ASANI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 18358/15, 23227/15, 24676/15, 24787/15, 24790/15, 25270/15, 29918/15, 33467/15, 33471/15, 33657/15, ... • ECHR ID: 001-165257

Document date: June 21, 2016

  • Inbound citations: 0
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  • Outbound citations: 2

ASANI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"

Doc ref: 18358/15, 23227/15, 24676/15, 24787/15, 24790/15, 25270/15, 29918/15, 33467/15, 33471/15, 33657/15, ... • ECHR ID: 001-165257

Document date: June 21, 2016

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 18358/15 Hasan ASANI against the former Yugoslav Republic of Macedonia and 12 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 21 June 2016 as a Committee composed of:

Kristina Pardalos, President, Paul Mahoney, Robert Spano, judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above applications lodged on the dates set out in the appendix,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

All applicants are Macedonian nationals. The applicants ’ personal details, together with the names of their representatives are set out in the appendix.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

The applicants complained under Article 6 § 1 of the Convention about the length of the civil and enforcement proceedings. The details regarding the proceedings are described in the appendix. The length complaint was communicated to the respondent Government.

On the dates set out in the appendix, the parties signed friendly settlement declarations, under which the applicants agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums set out in the appendix, to cover any non-pecuniary damage as well as costs and expenses, which will be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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

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 its Protocols 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 12 July 2016 .

             Renata Degener Kristina Pardalos              Deputy Registrar President

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Subject matter of the proceedings

Friendly settlement declaration signed by the Government on

Friendly settlement declaration signed by the applicant(s) on

Friendly settlement sum

(in euros)

18358/15

09/04/2015

Hasan ASANI

22/07/1953

Gostivar

Ljup č o LAZARESKI

Enforcement proceedings И.бр. 5414/03

13 April 2016

17 March 2016

600(for applications under 1 and 2 in this list)

36597/15 [1]

21/07/2015

Hasan ASANI

22/07/1953

Gostivar

Ljup č o LAZARESKI

25270/15

19/05/2015

Memet ASANI

05/07/1964

Gostivar

Ljup č o LAZARESKI

Enforcement proceedings

И.бр. 2803/2000

13 April 2016

1 April 2016

2,000

23227/15

08/05/2015

Agladija IGNJATOSKA

06/10/1952

Gostivar

Civil proceedings for payment of pension and disability contributions

П. Бр. 716/03

13 April 2016

21 April 2016

1,000

24676/15

13/05/2015

Del č e MILOŠESKI

27/07/1953

Galate, Gostivar

13 April 2016

21 April 2016

1,000

24787/15

12/05/2015

Bo ž in BOŽINOSKI

29/01/1955

Gostivar

13 April 2016

25 April 2016

1,000

24790/15

12/05/2015

Boris GURÄŒINOVSKI

15/09/1957

Gostivar

13 April 2016

25 April 2016

1,000

29918/15

12/06/2015

Muzafer SALJIU

01/01/1957

Gostivar

Mišo DAMNJANOSKI

13 April 2016

22 April 2016

1,050

33467/15

03/07/2015

Lena MANASIJEVSKA

20/08/1959

Gostivar

13 April 2016

7 April 2016

1,000

33471/15

04/07/2015

Zorica ANGELKOSKA

25/02/1958

Gostivar

13 April 2016

7 April 2016

1,000

33657/15

06/07/2015

Antonia DAMNJANOSKI

02/12/1957

Gostivar

13 April 2016

20 April 2016

1,000

33661/15

06/07/2015

Blagoja GORGESKI

08/07/1954

Gostivar

13 April 2016

6 April 2016

1,000

34963/15

03/07/2015

Dostana TRPESKA

30/01/1956

Gostivar

13 April 2016

7 April 2016

1,000

[1] Applications 18358/16 and 36597/15 concern identical proceedings.

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