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SHAPKAROSKI v. NORTH MACEDONIA and 1 other application

Doc ref: 42520/17;50129/17 • ECHR ID: 001-202321

Document date: March 19, 2020

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 4

SHAPKAROSKI v. NORTH MACEDONIA and 1 other application

Doc ref: 42520/17;50129/17 • ECHR ID: 001-202321

Document date: March 19, 2020

Cited paragraphs only

Communicated on 19 March 2020 Published on 6 April 2020

FIRST SECTION

Applications nos. 42520/17 and 50129/17 Angele SHAPKAROSKI against North Macedonia and Slavica KANEVCHE against North Macedonia lodged on 9 June 2017 and 10 July 2017 respectively

SUBJECT MATTER OF THE CASE

The applications concern civil proceedings, where the applicants , as defendants, were ordered to pay the plaintiffs an amount of money, as their share in distributing the inheritance from a common ancestor.

The plaintiffs sought, and the domestic courts accepted, that the applicants should pay them an amount allegedly exceeding the total value of the inheritance, without even taking into account any share of the inheritance that should remain with the applicants. In their judgments the domestic courts made no reference to this argument when raised by the applicants.

QUESTIONS TO THE PARTIES

1. Having regard to the reasons provided by the domestic courts, did the applicants have a fair hearing in the determination of their civil rights, in accordance with Article 6 § 1 of the Convention? ( see Bochan v. Ukraine (no. 2) [GC], no. 22251/08 , § 64, ECHR 2015 and Anđelković v. Serbia , no. 1401/08 , § 27, 9 April 2013 )?

2. Has there been an interference with the applicants ’ peaceful enjoyment of possessions, within the m eaning of Article 1 of Protocol No. 1? If so, was that interference lawful, and proportionate, as prescribed by Article 1 of Protocol No. 1 (see Buzescu v. Romania , no. 61302/00, § 98, 24 May 2005 and Beyeler v. Italy [GC], no. 33202/96, §§ 109, 122 , ECHR 2000 ‑ I) ?

APPENDIX

Application no 42520/17

No.

Applicant ’ s Name

Birth yeare

Nationality

Place of residence

1Angele SHAPKAROSKI

1955Macedonian/citizen of the Republic of North Macedonia

Ohrid

Application no 50129/17

No.

Applicant ’ s Name

Birth yeare

Nationality

Place of residence

1Slavica KANEVCHE

1960Macedonian/citizen of the Republic of North Macedonia

Ohrid

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