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

Doc ref: 10875/05;30414/09;65172/11;29039/13 • ECHR ID: 001-147393

Document date: September 23, 2014

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

Doc ref: 10875/05;30414/09;65172/11;29039/13 • ECHR ID: 001-147393

Document date: September 23, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 10875/05 Violeta ILIEVSKA and others against the former Yugoslav Republic of Macedonia and 3 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 23 September 2014 as a Committee composed of:

Linos-Alexandre Sicilianos, President , Mirjana Lazarova Trajkovska , Ksenija Turković , judges ,

and Søren C. 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 cases 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 Linos-Alexandre Sicilianos Acting Deputy Registrar President

Appendix

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Domestic proceedings

(subject-matter, from-to and case-file number)

Date of Government ’ s friendly settlement declaration

Date of applicants ’ friendly-settlement declaration

Friendly settlement sum (in euros)

10875/05

03/03/2005

Violeta ILIEVSKA

12/09/1966

Kumanovo

Pavlina IVANOVSKA

09/10/1938

Kumanovo

Daniela IVANOVSKA-ALEKSIK

Kumanovo

Violeta ILIEVSKA

Compensation proceedings for a copyright

25/11/1991-27/09/2010

П.бр. 181/92

(Куманово)

Enforcement proceedings

01/02/2010- pending

07/04/2014

20/06/2014

4,400 (jointly)

30414/09

01/06/2009

Elizabeta STOJANOVSKA

30/10/1980

Kumanovo

Srekko MLADENOVSKI

Labour proceedings for annulment of a dismissal

29/07/2003-23/01/2009

П.бр. 1674/03

(Куманово)

07/04/2014

27/05/2014

1,250

65172/11

30/09/2011

Zdravka GOLABOSKA

11/04/1944

Struga

Slavko KOTESKI

Civil proceedings for property

2004-14/02/2011

П.бр. 1018/04

(Струга)

07/04/2014

10/06/2014

2,600

29039/13

22/04/2013

Slobodanka IVANOVSKA

18/10/1965

Negotino

Valentina DIMOVSKA

Labour proceedings for dismissal

23/07/1999-17/12/2012

П.бр. 121/99

П.бр. 15/10

(Неготино )

07/04/2014

04/07/2014

3,400

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