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MITIK AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 22642/09;2148/10;11073/10;67937/11;50380/12;52193/12 • ECHR ID: 001-142133
Document date: March 4, 2014
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MITIK AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 22642/09;2148/10;11073/10;67937/11;50380/12;52193/12 • ECHR ID: 001-142133
Document date: March 4, 2014
Cited paragraphs only
FIRST SECTION
DECISION
Application no . 22642/09 Zoran MITIK 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 Registrar ,
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 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
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
No
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)
22642/09
22/04/2009
Zoran MITIK
12/03/1960
Skopje
Labour proceedings for dismissal
П.бр. 2984/03
25 July 2013
29 August 2013
850
2148/10
02/01/2010
Dimitar ARAPOV
28/01/1967
Strumica
Klara BERŽETSKA
Labour proceedings for dismissal
П/РС бр. 301/04
25 July 2013
26 August 2013
1,250
11073/10
17/02/2010
Ivan STANOEV
16/05/1943
Skopje
Vladimir STANOJKOVSKI
Civil proceedings for determination of a right to use an immovable property
П бр. 1970/04
(П бр. 4417/07 )
13 May 2013
6 September 2013
2,000
67937/11
30/09/2011
Kolja KRSTEVSKI
26/12/1954
Petralica
Milojce TRAJ Č EVSKI
Kriva Palanka
Aleksandar GORGIEVSKI
08/10/1960
Kriva Palanka
Aco STAMENKOVSKI
08/08/1966
Rankovci
Goran PETKOVSKI
05/02/1966
Kriva Palanka
Dragi JOKSIMOVSKI
04/08/1957
Kriva Palanka
Mile JANKOVSKI
30/01/1968
Kriva Palanka
Vojo PETKOVSKI
Kriva Palanka
Bore MITOVSKI
Kriva Palanka
Borce PAVLOVSKI
06/10/1957
Kriva Palanka
Rade BOJKOVSKI
24/04/1956
Kriva Palanka
Ljube DIMITRIEVSKI
Ohrid
Dafin GELESKI
07/09/1964
Ohrid
Klime DONESKI
Ohrid
Branko SPASOVSKI
16/10/1964
Moždivnjak
Dragi VELIÄŒKOVSKI
Kriva Palanka
Ljuben ALEKSOVSKI
Kriva Palanka
Blagoj ANGELOVSKI
Civil proceedings for debt and compensation of damages
П . бр. 818/2002
Ð O. бр. 148/07
1 July 2013
25 June 2013
1,760 each
50380/12
09/07/2012
Aneta BATEVA
14/07/1955
Skopje
Enforcement proceedings
И бр. 3142/01
(И бр. 6979/07)
25 July 2013
2 July 2013
2,400
52193/12
09/08/2012
Goran TALEVSKI
21/11/1967
Skopje
Nataša NAJDENOVA LEVIK
Labour proceedings for dismissal
П бр. 1652/03
25 July 2013
22 August 2013
2,000
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