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

Doc ref: 20418/07;28786/07;16927/08;65275/09;17649/10;38686/10 • ECHR ID: 001-142683

Document date: April 1, 2014

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

Doc ref: 20418/07;28786/07;16927/08;65275/09;17649/10;38686/10 • ECHR ID: 001-142683

Document date: April 1, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 20418/07 Dimko KOCESKI against the former Yugoslav Republic of Macedonia and 5 other applications (see list appended)

The European Court of Human Rights ( First Section ), sitting on 1 April 2014 as a Committee composed of:

Paulo Pinto de Albuquerque, President , Mirjana Lazarova Trajkovska , Linos-Alexandre Sicilianos, judges ,

and André Wampach , 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 different Articles of the Convention, the applicants complained about various proceedings set out in the appendix. The applications were communicated to the Government under Article 6 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.

André Wampach Paulo Pinto de Albuquerque Deputy Registrar President

Appendi x

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 the applicant ’ s friendly-settlement declaration

Friendly settlement sum (in euros)

20418/07

30/04/2007

Dimko KOCESKI

15/08/1954

Prilep

Compensation proceedings

Рев.бр. 579/09

01/07/2013

29/06/2013

4,600

28786/07

27/06/2007

Vančo PEŠEVSKI

04/04/1948

Skopje (the first applicant)

KUKEN SOVET NA BULEVAR ‘ JANE SANDANSKI ’ BROJ 108/12

Skopje (the second applicant)

Vančo PEŠEVSKI

Civil proceedings for disturbance of possession

( нарушено владение )

П.бр. 518/02

П.бр. 1704/02

(Скопје 2)

01/07/2013

03/07/2013

950 (to the first applicant)

2,150 (to the second applicant)

16927/08

26/03/2008

Elpida DIMITROVSKA KRSTEVSKA

18/03/1962 , Bitola

Sotir KRSTEVSKI

12/06/1961

Bitola

Criminal proceedings for defamation (initiated by the applicants )

К.бр. 583/03 (Скопје 1)

01/07/2013

18/06/2013

1,900

65275/09

30/11/2009

Ratka TODOSOVSKA

01/01/1954

Kratovo

Blagoj ANGELOVSKI

Civil proceedings

П.бр.50/03 (Кратово)

01/07/2013

14/06/2013

2,300

17649/10

23/03/2010

Zare VASILEV 19/04/1954

Skopje

Compensation proceedings

П.бр. 2395/03 (Скопје 2)

01/07/2013

03/06/2013

1,900

38686/10

01/07/2010

Dene PANOVSKI

20/02/1954

Kumanovo

Ivan POPOVSKI

Labour proceedings for dismissal

Ро.бр. 770/07

П.бр. 508/01 (Куманово)

01/07/2013

04/07/2013

3,100

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