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KRSTEVSKI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 18630/08;43767/08;27729/09;29681/09;29722/09;30284/09;32847/09;13074/10 • ECHR ID: 001-147471
Document date: September 23, 2014
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KRSTEVSKI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 18630/08;43767/08;27729/09;29681/09;29722/09;30284/09;32847/09;13074/10 • ECHR ID: 001-147471
Document date: September 23, 2014
Cited paragraphs only
FIRST SECTION
DECISION
Application no . 18630/08 Cvetan KRSTEVSKI against the former Yugoslav Republic of Macedonia and 7 other applications (see list appended)
The European Court of Human Rights ( First Section ), sitting on 23 September 2014 as a Committee composed of:
Paulo Pinto de Albuquerque , 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 regard to the Court ’ s decision of 1 April 2014,
Having regard to the parties ’ letters of 25 and 30 July 2014 in the application no. 43767/08 informing the Court ab out the death on 5 December 2011 of one of the applicants,
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 restore the applications to its list of cases in accordance with Article 37 § 2 of the Convention;
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 C. Prebensen Paulo Pinto de Albuquerque Acting Deputy Registrar President
APPENDI X
No
Application No
Lodged on
Applicant ’ name
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)
18630/08
07/04/2008
Cvetan KRSTEVSKI
13/07/1953
Skopje
Dimitar TODOROVSKI
Labour proceedings for dismissal
Рев.бр.65/06
25/07/2013
02/09/2013
1,250
43767/08
07/08/2008
Jonce RADEVSKI [1]
Resen
Rodna BELEVSKA
15/11/1943
Sydney, Australia
Krste RADEVSKI
19/09/1947
Resen
Marija KELEPUROVSKA
Compensation proceedings for amount of expropriation
ВПП.бр. 73/96
11/05/2012
02/09/2013
3,900 (to each applicant)
27729/09
18/05/2009
Lepa TRIFUNOVA
04/10/1963
Kratovo
Labour proceedings for dismissal
Рев.бр. 555/09
25/07/2013
10/07/2013
850
29681/09
27/05/2009
Kristijan RADEVSKI
03/07/1971
Resen
Dragan PETROVSKI
Labour proceedings for dismissal
Рев.бр. 1039/07
25/07/2013
05/09/2013
1,250
29722/09
28/05/2009
Milan TABAKOVSKI [2]
04/10/1951
Bitola
Dragan PETROVSKI
Labour proceedings for dismissal
Рев.бр. 1036/07
25/07/2013
15/07/2013
1,250
30284/09
01/06/2009
Zoran JOVANOVSKI
01/01/1995
Resen
Dragan
PETROVSKI
Labour proceedings for dismissal
Рев.бр. 1033/07
25/07/2013
05/09/2013
1,250
32847/09
12/06/2009
Nikole NANÄŒOVSKI
01/01/1951
Bitola
Dragan PETROVSKI
Labour proceedings for dismissal
Рев.бр. 1035/07
25/07/2013
27/06/2013
1,250
13074/10
22/02/2010
Stojčo CEKOVSKI
20/09/1958
Kriva Palanka
Compensation proceedings for non-pecuniary damages (caused by unpaid transplantation costs)
Рев.бр. 1523/08
25/07/2013
09/07/2013
850[1] Mr. Jonce Radevski died on 5 December 2011. The friendly-settlement amount is therefore jointly awarded to the applicant’s two heirs, Mr. Pece Radevski and Mr. Rade Radevski .
[2] With a letter of 15/07/2013 the applicant’s representative informed that the applicant had died on 02/10/2012, that his spouse Ms Mimoza Tabakovska , born on 23/09/1957, living in Resen, wanted to pursue with the application on his behalf and that she accepts the proposed friendly-settlement. The friendly-settlement sum is therefore awarded to her .
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