FIRST SECTION

DECISION

Application no . 31786/15 Ružica and Pavle MILENKOVSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 26 January 2016 as a Committee composed of:

Kristina Pardalos, President, Paul Mahoney, Robert Spano, judges, and André Wampach, Deputy Section Registrar ,

Having regard to the above application lodged on 23 June 2015,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Ms Ružica Milenkovska and Mr Pavle Milenkovski, are Macedonian nationals, who were born in 1960 and 1954 respectively and live in Štip. They were represented before the Court by Mr T. Torov, a lawyer practising in Štip.

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

The applicants raised several complaints concerning a set of enforcement proceedings. The application was communicated to the Government in respect of the length of the proceedings.

On 15 October 2015 and 11 November 2015 the Court received friendly settlement declarations signed by the parties 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 this application against an undertaking by the Government to pay them jointly 3,400 euros to cover any and all non-pecuniary damage as well as costs and expenses, which will be converted into the national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It 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 Government and the applicant undertook that this would be the final settlement 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 its Protocols 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 18 February 2016 .

             André Wampach Kristina Pardalos              Deputy Registrar President