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SPASOVSKI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" AND OTHER APPLICATIONS

Doc ref: 31448/06;14020/10;1921/09;30769/08;3463/07;36610/08;41185/07;43529/09;55564/10;64365/10 • ECHR ID: 001-115467

Document date: November 27, 2012

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SPASOVSKI v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" AND OTHER APPLICATIONS

Doc ref: 31448/06;14020/10;1921/09;30769/08;3463/07;36610/08;41185/07;43529/09;55564/10;64365/10 • ECHR ID: 001-115467

Document date: November 27, 2012

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 31448/06 Radoslav SPASOVSKI against the former Yugoslav Republic of Macedonia and 9 other applications (see list appended )

The European Court of Human Rights (First Section), sitting on 27 November 2012 as a Committee composed of:

Elisabeth Steiner , President, Anatoly Kovler , Mirjana Lazarova Trajkovska , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above applications lodged on the dates set out 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 whose 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

TMarkAppendix

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Represented by

Subject matter

Articles

invoked

Friendly settlement declaration signed by the Government on

Friendly settlement declaration signed by the applicant(s) on

Friendly settlement sum (in euros)

31448/06

25/07/2006

Radoslav SPASOVSKI

01/04/1945

Kumanovo

/

Compensation proceedings

( П.бр.79/ 20 01 )

Article 6§ 1

10/09/2012

31/07/2012

4,200

3463/07

11/12/2006

Jaško JAKIMOSKI

28/06/1958

Gostivar

/

Civil and enforcement proceedings concerning annulment of competition for allocation of appartments

( П.бр.1101/94 , И.бр. 1155/01,

И.бр. 056/07)

Articles 5, 6 § 1, 14, 17

Article 1 of Protocol No.1

10/09/2012

23/07/2012

3,400

41185/07

29/08/2007

Snežana ANTEVSKA

21/05/1962

Gostivar

/

Civil proceedings concerning dissolution of marriage and child maintenance ( П.бр.792/01, П.бр.1062/04 )

Article 6§ 1

10/09/2012

25/07/2012

1,300

30769/08

18/06/2008

Kire JOVANOVSKI

15/09/1935

Kriva Palanka

Ljubica JOVANOVSKA

25/10/1940

Kriva Palanka

Rade ALEKSOVSKI

Property-related dispute

( П.бр.102/97 )

Article 6§ 1

Article 1 of Protocol No.1

10/09/2012

22/08/2012

4,050 (jointly)

36610/08

23/07/2008

Vecko TRPKOSKI

25/02/1965

Prilep

Bož idar Å OKOSKI

Compensation claim in relation to commission of a criminal offence ( П.бр.913/03 )

Article 6§ 1

10/09/2012

26/07/2012

2,000

1921/09

23/12/2008

Jani GRIGOROVSKI

13/08/1939

Skopje

Nane ZUJICA

Criminal proceedings for a crime against security

( КО бр.3455/04 , К.бр.5811/07 )

Article 6§ 1

10/09/2012

27/07/2012

1,550

43529/09

25/07/2009

Nikola NE Å OVSKI

05/10/1941

Skopje

Snežana ŽERAJIK

Labour-related dispute for annulment of a dismissal

( П.бр. 704/01 )

Article s 6 § 1 and 14

10/09/2012

23/07/2012

2,400

14020/10

01/03/2010

Ljuba RISTESKA

10/08/1944

Skopje

Zorica IVANOSKA

Criminal proceedings for false bankruptcy

( К.бр.497/03 )

Article 6 § 1

10/09/2012

12/07/2012

2,900

55564/10

17/09/2010

Vladimir Ž IVIK

03/07/1929

s. Matej č е

Milena DUMANOVSKA

Compensation proceedings

( П.бр. 1014/04)

Article 6§ 1

10/09/2012

27/07/2012

1,250

64365/10

15/10/2010

Vlado DIMITROVSKI

04/09/1953

Ki č evo

Nikola

SREDOVSKI

Property-related dispute

( П.бр.590/04 )

Article 6§ 1 Article 1 of Protocol No.1

10/09/2012

26/07/2012

2,300

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