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

Doc ref: 46025/10;21776/11;34503/11;41968/12;73084/12;45721/13;62112/13 • ECHR ID: 001-146538

Document date: August 26, 2014

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

Doc ref: 46025/10;21776/11;34503/11;41968/12;73084/12;45721/13;62112/13 • ECHR ID: 001-146538

Document date: August 26, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 46025/10 Kiro DOCEVSKI against the former Yugoslav Republic of Macedonia and 6 other applications (see list appended)

The European Court of Human Rights ( First Section ), sitting on 26 August 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 in the appendix ,

Having regard to the declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

All the applicants are Macedonian nationals , except for Borsa LTD (application no. 62112/13 ) , which is a company incorporated in the respondent State . 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 different proceedings, as 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

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 C. Prebensen Paulo Pinto de Albuquerque Acting Deputy Registrar President

APPENDIX

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)

46025/10

15/07/2010

Kiro DOCEVSKI 03/11/1955

Kumanovo

Traj č e KITANOVSKI

Criminal proceedings for abuse of office and forgery

К. Бр. 809/05

29 April 2014

7 May 2014

1,700

21776/11

30/03/2011

Živko ILIEVSKI

05/05/1953

Skopje

Todor č e PETROVSKI

Civil proceedings for annulment of a dismissal decision

РО. Бр. 376/07

3 October 2013

16 May 2014

1,700

34503/11

27/05/2011

Radovan STANOJKOVIK 16/10/1969

Kumanovo

Ratka STANOJKOVIK

15/02/1943

Kumanovo

Marina STANOJKOVIK

02/01/1976

Kumanovo

Compensation proceedings

I I . П. Бр. 2190/03

29 April 2014

17 April 2014

1,700

jointly

41968/12

30/06/2012

Simeon MILEV

30/09/1942

Å tip

Pan č e DOKUZOV

Enforcement proceedings

И . бр. 2548/99

29 April 2014

6 April 2014

2,900

73084/12

05/11/2012

Slav č o DESPODOV

10/10/1951

Delčevo

Criminal proceedings for defamation against a third person

К. Бр. 304/10

29 April 2014

7 April 2014

1,600

45721/13

10/07/2013

Stojan č e STRMBOV

16/03/1957

Å tip

Marin čo MAROLOV

Enforcement proceedings concerning costs of previous civil proceedings

П бр. 1581/95

И бр. 1210/99

29 April 2014

25 April 2014

4,400

62112/13

26/09/2013

BORSA LTD

Topolovnik

Administrative proceedings for return of interest on wrongfully paid taxes

У бр. 112/2010

29 April 2014

7 April 2014

5,200

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