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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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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