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MATICA NA ISELENICI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 11775/06;19454/07;22787/07;26692/08;36370/09;42633/09;45811/06;57700/09;58930/08 • ECHR ID: 001-121589
Document date: May 28, 2013
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MATICA NA ISELENICI AND OTHERS v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 11775/06;19454/07;22787/07;26692/08;36370/09;42633/09;45811/06;57700/09;58930/08 • ECHR ID: 001-121589
Document date: May 28, 2013
Cited paragraphs only
FIRST SECTION
DECISION
Application no . 11775/06 MATICA NA ISELENICI against the former Yugoslav Republic of Macedonia and 8 other applications (see list appended)
The European Court of Human Rights (First Section), sitting on 28 May 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 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, with the exception of application no. 11775/06 in which the applicant is an association registered in the respondent State. 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 and 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
Appendix
No.
Application
no.
Lodged on
Applicant name
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)
11775/06
08/03/2006
MATICA NA ISELENICI
Skopje
Dimitar DANGOV
Civil proceedings for peaceful enjoyment of property
П бр . 1962/2000
СИ бр . 3578/05
15 March 2013
20 February 2013
2,600 EUR
45811/06
03/11/2006
Sofron STOJANOVSKI
14/10/1935
Delčevo
/
Civil and enforcement proceedings for debt
П бр . 303/97
И бр . 237/99
15 March 2013
18 February 2013
4,000 EUR
19454/07
18/04/2007
Perica JAKIMOVSKI
13/08/1936
Skopje
/
Civil and enforcement proceedings for correcting construction errors
П бр . 1576/97
И бр . 1733/01
15 March 2013
18 February 2013
3,400 EUR
22787/07
16/05/2007
Nestor DŽIKOV
15/12/1937
Skopje
/
Enforcement proceedings
И бр . 47/01
15 March 2013
18 March 2013
1,900 EUR
26692/08
10/05/2008
Blagoja ATANASOVSKI
30/07/1926
Skopje
Gorgi SMILEVSKI
08/12/1954
Skopje
Vesela ATANASOVSKA
01/05/1955
Skopje
Goran ATANASOVSKI
14/08/1980
Skopje
Goran STOEV
Non-contentious proceedings for establishing the amount of compensation for confiscated property
ВПП бр . 1/98
15 March 2013
27 March 2013
3,800 EUR
jointly
58930/08
28/11/2008
Boris JOVEVSKI
17/07/1957
Todor MILO Å EVSKI
Civil proceedings for compensation
П бр . 810/03
15 March 2013
19 February 2013
2,000 EUR
36370/09
28/06/2009
Grozde PETROVSKI
04/09/1954
Skopje
Vladimir POCEVSKI
Civil proceedings for compensation of damages
П бр. 2228/07 (12 П бр. 1650/99)
15 March 2013
13 February 2013
3,200 EUR
42633/09
20/07/2009
Vladimir ILIEVSKI
16/06/1974
Bitola
Aleksandar JOANIDIS
Civil proceedings for debt
П бр . 906/05
15 March 2013
1 March 2013
1,550 EUR
57700/09
22/10/2009
Valentina RADULOVIK
10/03/1975
Skopje
Vlatko KITANOVSKI
Civil proceedings for title to property and compensation
П бр . 70/04
15 March 2013
28 March 2013
2,300 EUR
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