PEHČEVSKA AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 17900/15;18389/15;23984/15;27798/15 • ECHR ID: 001-159873
Document date: December 15, 2015
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FIRST SECTION
DECISION
Application no . 17900/15 Olivera PEHÄŒEVSKA against the former Yugoslav Republic of Macedonia and 3 other applications (see list appended)
The European Court of Human Rights (First Section), sitting on 15 December 2015 as a Committee composed of:
Päivi Hirvelä , President, Kristina Pardalos , Paul Mahoney, judges,
and André Wampach , Deputy Section Registrar ,
Having regard to the above applications lodged on the dates set 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 different Articles of the Convention regarding the proceedings 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 of the respondent State 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 these sums 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
Having regard to the similarity of the main factual and legal issues in the above cases, the Court decides to join the applications.
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 7 January 2016 .
André Wampach Päivi Hirvelä Deputy Registrar President
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)
17900/15
06/04/2015
Olivera PEHÄŒEVSKA
19/09/1978
Skopje
Dimče DIMOV
Compensation proceedings П.Бр.638/10 (П.Бр. 1089/03)
15 October 2015
9 October 2015
3,900
18389/15
09/04/2015
Fatmir GAÅ I
13/01/1956
Gostivar
Ljupčo LAZARSKI
Inheritance proceedings О.бр.31/12 (О.Бр. 235/07)
15 October 2015
17 September 2015
1,550
23984/15
28/04/2015
Ljubomir GEORGIEVSKI
02/04/1952
Skopje
Blagoja PANDOVSKI
Enforcement proceedings И.Бр.398/09
15 October 2015
30 September 2015
2,300
27798/15
05/06/2015
Mirče MILČEVSKI
02/10/1948
Gostivar
Stojče MILČESKI
22/01/1951
Gostivar
Ljupčo LAZARESKI
Civil proceedings for title to a plot of land
П.Бр. 768/2000
15 October 2015
17 September 2015
6,200
(jointly)
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