BAKALOV AND OTHERS v. NORTH MACEDONIA
Doc ref: 27883/16;41437/16;54546/16;77252/16;77253/16;16072/17;30215/17;53155/17 • ECHR ID: 001-217665
Document date: May 5, 2022
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SECOND SECTION
DECISION
Application no. 27883/16 Zlatko BAKALOV against North Macedonia and 7 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 5 May 2022 as a Committee composed of:
Gilberto Felici, President, Jovan Ilievski, Diana Sârcu, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaint under Article 1 of Protocol No. 1 to the Convention concerning the payment of a standing heating charge for their flats was communicated to the Government of North Macedonia (“the Government”).
On the dates detailed in the appended table the Registry sent letters to the applicants inviting them to designate a representative in the proceedings before the Court. No reply was received to those letters. Furthermore, none of the applicants replied to the Court’s letters informing them of the Government’s acceptance of the friendly settlement and subsequently of their unilateral declaration.
By letters dated 28 September 2021, sent by registered mail, the applicants were notified that the period allowed for them to designate a legal representative had expired on 27 April 2021 and that no extension of the time-limit had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants either received or were delivered those letters on the dates detailed in the appended table. However, no response has followed.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court considers that in the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, in accordance with Article 37 § 1 (a) of the Convention it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck 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.
Done in English and notified in writing on 25 May 2022.
Viktoriya Maradudina Gilberto Felici Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 of the Convention
(Alleged interference with the right of the peaceful enjoyment of possession)
No.
Application no. Date of introduction
Applicant’s name
Year of birth
Dates of Registry’s letters to the applicant
Date of receipt of the Registry’s letter dated 28 September 2021 by the applicants
1.
27883/16
09/05/2016
Zlatko BAKALOV
1953
17/11/2020 and 01/04/2021
16/10/2021
2.
41437/16
14/07/2016
Aco SPASOVSKI
1955
14/01/2021 and
12/05/2021
22/10/2021
3.
54546/16
07/09/2016
Zlate JOVANOVSKI
1959
14/01/2021 and 06/05/2021
The applicant did not collect the registered letter from the post office.
4.
77252/16
02/12/2016
Aco SPASOVSKI
1955
14/01/2021 and
12/05/2021
22/10/2021
5.
77253/16
02/12/2016
Aco SPASOVSKI
1955
14/01/2021 and
12/05/2021
22/10/2021
6.
16072/17
21/02/2017
Slobodan BOGOEVSKI
1947
14/01/2021 and
06/05/2021
19/10/2021
7.
30215/17
13/04/2017
Slobodan BOGOEVSKI
1947
14/01/2021 and
06/05/2021
19/10/2021
8.
53155/17
21/07/2017
Slobodan BOGOEVSKI
1947
14/01/2021 and
06/05/2021
19/10/2021