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PETROVSKI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 46359/10;48764/10;52724/10;37811/11;37852/11;55121/11;70505/11 • ECHR ID: 001-147830
Document date: October 7, 2014
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PETROVSKI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 46359/10;48764/10;52724/10;37811/11;37852/11;55121/11;70505/11 • ECHR ID: 001-147830
Document date: October 7, 2014
Cited paragraphs only
FIRST SECTION
DECISION
Application no . 46359/10 Stojan PETROVSKI and Milka PETROVSKA against the former Yugoslav Republic of Macedonia and 6 other applications (see list appended)
The European Court of Human Rights ( First Section ), sitting on 7 October 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President , Mirjana Lazarova Trajkovska , Ksenija Turković , judges , and Søren Prebensen , Acting 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
The applicants are Macedonian nationals. A list of the applicants and their representatives is set out in the appendix.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov .
Relying on various Articles of the Convention, the applicants complained about different proceedings set out in the appendix. The applications were communicated to the Government in respect of the length of proceedings.
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 would be converted into the national currency at the rate applicable on the date of payment and would 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 payments will constitute the final resolution of the cases.
THE LAW
Having regard to the similarity of the main issues under the Convention 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.
Søren Prebensen P aulo Pinto de Albuquerque Acting Deputy Registrar President
Appe ndix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Subject-matter and case-file number of the domestic proceedings
Date of Government ’ s friendly-settlement declaration
Date of applicant ’ s friendly-settlement declaration
Friendly settlement sum (in euros)
46359/10
28/07/2010
Stojan PETROVSKI
07/02/1934
Skopje
Milka PETROVSKA
02/06/1942
Skopje
Zorica IVANOSKA
Civil proceedings for abuse of property right ( злоупотреба на правото на сопственост)
П.бр. 2537/2000
П.бр. 3686/07
(Скопје 2)
01/07/2013
12/06/2013
2,200 (jointly)
48764/10
06/07/2010
Jadranka ZDRAVKOVSKA
20/09/1956
Kumanovo
Olivera DOCEVSKA
Inheritance proceedings
О.бр. 159/07 (Куманово)
01/07/2013
27/06/2013
5,050
52724/10
02/09/2010
Cvetanka VELKOVA
23/11/1949
Kriva Palanka
Blagoj ANGELOVSKI
Administrative proceedings for social benefits (unemployment allowance)
У.бр. 306/2010
01/07/2013
10/06/2013
2,700
37811/11
08/06/2011
Vaid MUAREMI
20/05/1938
s. Matejče , Kumanovo
Milena DUMANOVSKA
Compensation proceedings
П.бр. 996/2004
П.бр. 889/2009
(Куманово)
01/07/2013
12/06/2013
2,600
37852/11
13/06/2011
Vasil GAGAÄŒEV
05/01/1937
Bitol a
Compensation proceedings
П.бр. 109/03
Рев.бр. 153/2010
01/07/2013
04/07/2013
1,600
55121/11
16/08/2011
Dragoljub STEFANOVIK
02/02/1941
s. Matejče , Kumanovo
Milena DUMANOVSKA
Compensation proceedings
П.бр. 943/04
(Куманово)
01/07/2013
12/06/2013
1,700
70505/11
28/10/2011
Aleksandar RISTESKI
24/10/1974
Skopje
Sevda RISTESKA
28/01/1946
Skopje
Vladimir RISTESKI
25/10/1975
Skopje
Compensation proceedings
П.бр. 3598/96
П.бр. 2831/10 (Скопје 2)
01/07/2013
20/06/2013
6,400 ( jointly )
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