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

Doc ref: 9961/05;4611/06;56383/10;27451/11;50109/11;70509/11 • ECHR ID: 001-142089

Document date: March 4, 2014

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

Doc ref: 9961/05;4611/06;56383/10;27451/11;50109/11;70509/11 • ECHR ID: 001-142089

Document date: March 4, 2014

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 9961/05 Ilija MAVKOV against the former Yugoslav Republic of Macedonia and 5 other applications (see list appended)

The European Court of Human Rights ( First Section ), sitting on 4 March 2014 as a Committee composed of:

Paulo Pinto de Albuquerque, President, Mirjana Lazarova Trajkovska , Linos -Alexandre Sicilianos , judges, and André Wampach , Deputy Section Reg strar ,

Having regard to the above applications lodged on the dates set in the appendix ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

All applicants are Macedonian nationals. 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 and about different types of proceedings as set out in the appendix.

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

Appendix

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Subject matter

of the proceedings

Date of signature of the friendly settlement declaration by the respondent Government

Date of signature of the friendly settlement declaration by the applicant

The amount specified in the friendly settlement declarations (in euros)

9961/05

05/03/2005

Ilija MAVKOV

10/03/1942

Skopje

Ilija ÄŒILIMANOV

Civil proceedings for disturbance of possession ( смеќавање на владение )

П. Бр. 2968/01

Civil proceedings for right to permanent use of land

( право на трајно користење )

П бр. 477/03

(П. Бр. 4541/07)

3 October 2013

29 October 2013

3,500

4611/06

23/01/2006

Slavčo MITEVSKI

29/05/1951

Å tip

Dejan ÄŒITKUSEV

Administrative proceedings for social security allowance

3 October 2013

17 October 2013

4,130

56383/10

21/09/2010

Natalija ŠEKERDŽIEVA

09/10/1965

Strumica

Danica MUKANOVA

Administrative proceedings for social security allowance

3 October 2013

10 October 2013

2,500

27451/11

27/04/2011

Ljubica PANDILOVSKA

07/02/1956

Kumanovo

Civil proceedings for annulment of a dismissal decision and reinstatement to work

П бр . 1139/01

(РО. бр. 95/10)

3 October 2013

7 October 2013

2,800

50109/11

15/07/2011

Dejan ZAFIROVSKI

Kumanovo

Radovan ČESMADŽISKI

Compensation proceedings

III П. Бр. 1783/03

3 October 2013

25 October 2013

1,700

70509/11

04/11/2011

Ljupčo TRAJKOVSKI

13/04/1955

Skopje

Civil proceedings for debt

П бр. 9933/07

15 March 2013

1 November 2013

1,600

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