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

Doc ref: 41050/06 • ECHR ID: 001-127098

Document date: September 17, 2013

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

Doc ref: 41050/06 • ECHR ID: 001-127098

Document date: September 17, 2013

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 41050/06 Božica ANTONIEVSKA and others against the former Yugoslav Republic of Macedonia

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

Khanlar Hajiyev , President , Erik Møse , Dmitry Dedov , and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 15 September 2006,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. The applicants are all Macedonian nationals and, unless specified otherwise in the appendix, live or lived in Gostivar or its vicinity. After lodging the application, some of the applicants deceased and their heirs, as specified in the appendix, expressed the intention to pursue the application on their behalf.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

The applicants complained under Article s 6 § 1, Article 13 and Article 14 of the Convention about their labour proceedings for unpaid employment-related benefits. The application was communicated to the Government in respect of the length of proceedings.

Between 21 May and 28 November 2012 the Court received friendly settlement declarations signed by the parties under which the applicants (or their heirs ) agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay each of them 900 euros to cover any non-pecuniary damag e as well as costs and expenses. The amounts will 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. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 payment will constitute the final resolution of the case.

THE LAW

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 application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

André Wampach Khanlar Hajiyev Deputy Registrar President

Appendix

N o .

First name

LAST NAME

Birth year

Remarks

Lokman ADILI

1958Adil ADILI

1948Božica ANTONIEVSKA

1952Slavica APOSTOLOSKA

1957Slave APOSTOLOSKI

1953Angelina ARSESKA

1952Pavle ARSESKI

1955Elena AVRAMOSKA

1941Nevzat BAJRAMI

1943Pavlina BARUTOSKA

1941Liljana BIBOSKA

1946Bogdan BOGDANOSKI

1955Dulfa BOŽ INOSKA

1953Slavka BOŽ INOSKA

1949Nadica BUNDALESKA

1951Dž umaledin CAKO

1949Borka CVETKOVSKA

1947Gjurgja DABESKA

1955Trpana DAMJANISKA

1960Muradije DEARI

1958Zivka DIMITRIESKA

1955Vaska DIMOSKA

1952Abduldzemail DŽ EMAILI

1939Vaska EFTOSKA

1963Mejdin ELMAZI

1946After the applicant ’ s death, the application was pursued on his behalf by his son, Mr Dzevat ELMAZI

Adem FEJZI

1940Ahmet FEJZULI

1944Imran FERATI

1947After the applicant ’ s death, the application was pursued on his behalf by his son, Mr Hadis FERATI

Zulbear FETAI

1949Adi GANIU

1945Velko GAVRILOSKI

1954Vesna GEGOSKA

1957Liljana GERIK

1949Vesela GRUESKA

1956Petko GRUJOSKI

1937Vesna GRUPČ E

1960Samedin HAMZA

1961Rasim HASANI

1947Ferit HUSEINI

1945After the applicant ’ s death, the application was pursued on his behalf by his nephew, Mr Dani Huseini

Agim HUSEINI

1962Abdulbari IDRIZI

1944Fadil IDRIZI

1967Gazmen IDRIZI

1971Slavica ILKOSKA

1956Lahir ISMAILI

1939Svetlana JAČ ESKA

1962Remzi JAKUPI

1947Imer JAÅ ARI

1940Pavlina JONĆ ESKA

1949Grozda JOVANOSKA

1957Liljana JOVANOSKA

1950Dragiš a JOVANOSKI

1969Nasir JUSUFI

1951Enver JUSUFI

1942After the applicant ’ s death, the application was pursued on his behalf by his brother, Mr Gajur JUSUFI

Gjulsime KALGURI

1958Seare KALGURI

1952Abduladi KAMBERI

1939Nazmije KAMBERI

1954Džahit KARADŽ A

1942Nuri KARADŽ A

1949Vukica KARANFILOSKA

1954Ismailaki KOC

1950After t he applicant ’ s death, the application was pursued on his behalf by his wife, Ms Mevlude KOC

Branka KOSTADINOVIK

1948Canislav KOSTOSKI

1950Borka KRAJĆ EVSKA

1957Bekir KREĆ I

1938Marija KUZMANOSKA

1958Roska KUZMANOSKA

1945Dimitrija LULKOSKI

1967Golube MAKSIMOSKI

1940Slavka MANASIESKA

1954Slagjana MANASIESKA

1967Jelica MARKOVSKA

1946Zvezda MATESKA

1951Voislav MATESKI

1952Nijazija MEHMETI

1956Dusica MIRIK

1955The applicant lives in Niš, Serbia

Nada MITESKA

1952The applicant lives in Negotino

Jelisaveta NAUMOSKA

1969Nadica NIKOLOSKA

1944Boban NIKOLOSKI

1968Nadica OGNJANOSKA

1958Liljana ONOSIMOSKA

1954Abdulahamit OSMANI

1958Fikri PAJAZITI

1950Verka PANDEVSKA

1946Stojna PETRESKA

1946Slobodan PETRESKI

1946Dimitrija POPOSKI

1943Pero RADIČ ESKI

1937Kirko RADIČ ESKI

1949Gore RADIČ ESKI

1942Jovan RADIČ EVSKI

1966Keramedin REČ ANI

1941Dimka RISTESKA

1949Risto RISTOSKI

1938Umrli Å AINI

1949Ugrin Å ARESKI

1964Asmet SELIMI

1962Ivanka SERAFIMOSKA

1949Ljube SERAFIMOSKI

1937Simon SIMONOSKI

1933Svetlana STEFANOSKA

1960Rajna STEFANOSKA

1949Jovanka STEPANOSKA

1962Mirjana STRASEVSKA

1955Jelka STREZOSKA

1959Ismet TAIRI

1946The applicant died and the application on his behalf was pursu ed by his wife, Ms Hadime Tahiri

Vaska TOFILOSKA

1960Ilija TRIFUNOSKI

1973Ivanka TRPESKA

1951Dime TRPESKI

1947Harun VEJSELI

1951Zorka VELJANOSKA

1944Kosto VELJANOSKI

1954Angele VELJANOSKI

1953Dime VELJANOSKI

1937Muzafer ZEKIRI

1963

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