FIRST SECTION

DECISION

Application no . 22506/11 Miloš BOŽ INOVSKI against the former Yugoslav Republic of Macedonia

The European Court of Human Rights ( First Section ), sitting on 1 October 2013 as a Committee composed of:

Elisabeth Steiner, President, Mirjana Lazarova Trajkovska, Ksenija Turković, judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 2 April 2011 ,

Having regard to the declaration submitted by the respondent Government on 26 April 2013 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Milo š Bo ž inovski , is a Macedonian national, who was born in 1959 and lives in Bitola. He was represented before the Court by Ms N. Ognjanoska , a lawyer practising in Skopje . The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov . The case concerns civil proceedings for annulment of the applicant ’ s dismissal. The proceedings started on 10 August 2004 and ended on 7 October 2010 when the Supreme Court ’ s judgment was served on the applicant.

The applicant complained u nder Article 6 of the Convention that his case had not been heard within a reasonable time. Relying on the same provision he further complained about errors on the facts and law ; about the assessment and admissibility of evidence ; alleged lack of impartiality; violation of the principles of equality of arms and legal certainty, as well as lack of reasoning . Lastly, he complained that he had been discriminated. The length complaint was communicated to the Government .

THE LAW

The applicant complained about the length of the civil proceedings under Article 6 § 1 of the Convention.

After the failure of attempts to reach a friendly settlement, by a letter of 26 April 2013 the respondent Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised in this part of the application. They further requested the Court to strike the application out in accordance with Article 37 of the Convention.

The declaration provided as follows:

“... the Government would hereby like to express – by a way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, [the length of the domestic proceedings] did not fulfill the requirements of the applicant[s] rights protected by Article 6 § 1. Consequently, the Government is prepared to pay the global sum of 1,260 EUR to Mr Milo š Bo ž inovski . In its view, this amount would constitute adequate redress and sufficient compensation for the violation of Article 6 § 1 that the domestic proceedings lasted unreasonably long, and thus a reasonable sum as to quantum in the present case in the light of the Court ’ s case law. This sum is to cover any pecuniary and non-pecuniary damage, as well as the costs and expenses, and will be free of any taxes that may be applicable. This sum will be payable to the personal account of the applicant within three months from the date of the notification of the Court decision pursuant to Article 37 § 1 (c) of the Convention ... In the light of the above and in accordance with Article 37 § 1 (c) of the Convention, the Government would like to suggest that the circumstances of the present case allow the Court to reach the conclusion that for “any other reason” it is no longer justified to continue the examination of the application. Moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the further examination of the case by virtue of that provision. Therefore, the Government invites the Court to strike the application out of its list of cases. ”

By a letter of 15 July 2013 , the applicant indicated that he was not satisfied with the terms of the unilateral declaration .

The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:

“for any other reason established by the Court, it is no longer justified to continue the examination of the application”.

It also recalls that in certain circumstances, it may strike out an application under Article 37 § 1(c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.

To this end, the Court will examine carefully the declaration in the light of the principles e stablished in its case-law, in particular the Tahsin Acar judgment ( Tahsin Acar v. Turkey , [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI); WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.) no. 28953/03).

The Court has established in a number of cases, including those brought against the respondent State, its practice concerning complaints about the violation of Article 6 § 1 about one ’ s right to a hearing within a reasonable time (see Petkovski v. the former Yugoslav Republic of Macedonia , no. 27314/04 , 13 November 2008; Ajvazi v. the former Yugoslav Republic of Macedonia , no. 30956/05 , 13 November 2008, Frydlender v. France [GC] , no. 30979/96 , § 43, ECHR 2000-VII; Cocchiarella v. Italy [GC] , no. 64886/01 , §§ 69-98, ECHR 2006 ‑ ....; Majewski v. Poland , no. 52690/99, 11 October 2005; Wende and Kukówka v. Poland , no. 56026/00 , 10 May 2007).

Having regard to the nature of the admissions contained in the Government ’ s declaration, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1(c)).

Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine ).

The Court considers that this amount should be converted into the national currency of the respondent State at the rate applicable at the date of payment and paid within three months from the date of notification of the Court ’ s decision issued in accordance with Article 37 § 1 of the European Convention on Human Rights. In the event of failure to settle within this period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points.

Finally, the Court emphasizes that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article 37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07 , 4 March 2008).

In view of the above, it is appropriate to strike the case out of the list in the part concerning the complaint of the length of proceedings.

The applicants also raised additional complaints .

Having regard to all the evidence in its possession, and in so far as it has jurisdiction to examine the allegations, the Court has not found any appearance of a breach of the rights and freedoms guaranteed by the Convention or its Protocols.

It follows that this part of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court unanimously

Takes note of the terms of the respondent Government ’ s declaration in respect of the length-of-proceedings complaint under Article 6 § 1 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;

Decides to strike this part of the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.

Declares the remainder of the application inadmissible.

André Wampach Elisabeth Steiner Deputy Registrar President