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

Doc ref: 49966/08;45944/09;51690/10;53743/08 • ECHR ID: 001-123051

Document date: July 2, 2013

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

Doc ref: 49966/08;45944/09;51690/10;53743/08 • ECHR ID: 001-123051

Document date: July 2, 2013

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 49966/08 Branko BLAŽEVSKI against the former Yugoslav Republic of Macedonia and 3 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 2 July 2013 as a Committee composed of:

Elisabeth Steiner, President, Linos-Alexandre Sicilianos , Ksenija Turković , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above applications lodged on the dates as set out in the appendix below,

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 applicant in the application no. 49966/08 is also a Swedish national. 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 .

All applicants complained under Article 6 § 1 of the Convention about different types of proceedings as set out in the appendix.

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

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)

49966/08

10/10/2008

Branko BLAŽEVSKI

11/03/1940

Skopje

Velika STOJKOVSKA

Civil proceedings for encumberment ( службеност )

П.бр . 4457/95

П.бр . 1970/07

11/05/2012

17/07/2012

4,400

53743/08

30/10/2008

Gorgija PETRUÅ EVSKI

05/03/1937

Skopje

Nikola SEKOVSKI

Civil proceedings for a plot of land

П.бр . 4102/98

П.бр . 2165/07

11/05/2012

28/05/2013

3,800

45944/09

11/08/2009

Milovan VIDESKI

23/10/1937

Prilep

Slave VIDESKI

Administrative proceedings for determination of pension

УИ.бр . 24/2008

24/04/2012

09/04/2012

5,500

51690/10

21/08/2010

Ordan NIKOLOVSKI [1]

10/11/1948

Veles

Todor PLJAKOV

Civil proceedings for determination of title to shares

П.бр . 78/01

24/04/2012

18/10/2012

2,200

[1] With a letter of 18/10/2012 the applicant’s representative informed that the applicant had died on 27/09/2010, that his heirs wanted to pursue with the application on his behalf and that they accept the proposed friendly-settlement. The friendly-settlement sum is therefore awarded jointly to the applicant’s heirs Iva Nikolovska and Maja Nikolovska .

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