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

Doc ref: 7163/06;33250/10;45124/09;50436/11;60831/09;67971/11 • ECHR ID: 001-127083

Document date: September 17, 2013

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

Doc ref: 7163/06;33250/10;45124/09;50436/11;60831/09;67971/11 • ECHR ID: 001-127083

Document date: September 17, 2013

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 7163/06 Ferat LUTFIU against the former Yugoslav Republic of Macedonia and 5 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 17 September 2013 as a Committee composed of:

Elisabeth Steiner, 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 Elisabeth Steiner Deputy Registrar President

APPENDIX

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Subject matter

Friendly settlement declaration signed by the Government on

Friendly settlement declaration signed by the applicant(s) on

Friendly settlement sum (in euros)

7163/06

25/01/2006

Ferat LUTFIU

09/11/1930

Kičevo

Civil proceedings for debt

П бр . 590/95

И бр . 3129 / 20 0 4

15 March 201 3

19 February 2013

2,800 EUR

45124/09

13/08/2009

Osman S. OSMANI

25/07/1931

Skopje

Civil proceedings for restitution of an item seized in criminal proceedings

П . бр. 1814/03

1 July 2013

13 June 2013

1,600 EUR

60831/09

14/11/2009

Donka IMER

24/04/1955

Skopje

Dimitar TODOROVSKI

Civil proceedings for factual possession ( предавање во владение ) and annulment of a sale contract

П . бр. 3729/93

П . бр. 1913/07

1 July 2013

27 June 2013

5,000 EUR

33250/10

09/06/2010

Pan č e KRSTEV

04/05/1959

Skopje

Civil proceedings for payment of a debt

П бр. 3106/02

( XXXVIII П бр. 13012/07)

13 May 2013

7 May 2013

2,200 EUR

50436/11

18/07/2011

Zlatko GUCEV

16/11/1962

Veles

Dragi KOSEV

03/06/1967

Veles

Lorens ANGOV

10/03/1966

Veles

Todor PLJAKOV

Civil proceedings for annulment of dismissal decisions

П . бр. 1547/99

1 July 2013

27 May 2013

3,270 EUR each

67971/11

05/10/2011

Milivoje RISTOVSKI

09/05/1943

Skopje

Blagica RISTOVSKA

Skopje

Civil proceedings for title to a share in a company

XIV П бр. 1444/99

1 July 2013

19 June 2013

4,000 EUR jointly

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