Published on 23 January 2023

SECOND SECTION

Application no. 20630/20 Despot ANTOVSKI and Others against North Macedonia lodged on 20 May 2020 communicated on 4 January 2023

SUBJECT MATTER OF THE CASE

The application concerns the length of enforcement (since 2013) of a claim against a private person concerning the handing over of movable and immovable property and property rights acquired through inheritance proceedings ( тужбено барање за предавање на недвижен и подвижен имот и имотни права утврдени со оставинско решение ). The Supreme Court, at two levels of jurisdiction, upheld the applicants’ complaint about the length of enforcement, awarded them approximately 480 euros (EUR) (EUR 80 per applicant), and fixed a three-month time-limit for the bailiff to complete the enforcement. It appears that the claim has still not been fully enforced.

The applicants complain under Article 6 of the Convention about the lengthy non-enforcement.

QUESTIONS TO THE PARTIES

1. Can the applicants still claim to be victims of a violation of the Convention, within the meaning of Article 34? In particular, did the sums awarded by the Supreme Court provide them with sufficient and appropriate redress capable of removing the applicants’ victim status (see Adži-Spirkoska and Others v. the former Yugoslav Republic of Macedonia (dec.), nos. 38914/05 and 17879/05, 3 November 2011, and Petrović v. the former Yugoslav Republic of Macedonia , no. 30721/15, §§ 20-21, 22 June 2017)?

2. If not, was the length of the enforcement in the case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention (see Burdov v. Russia (no. 2) , no. 33509/04, §§ 65 et seq., ECHR 2009; and Krsto Nikolov v. the former Yugoslav Republic of Macedonia , no. 13904/02, §§ 20-28, 23 October 2008)?

APPENDIX

List of applicants

Application no. 20630/20

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1.Despot ANTOVSKI

1952Macedonian/ citizen of the Republic of North Macedonia

Tetovo

2.Ankica ANTOVSKA

1978Tetovo

3.Dushko ANTOVSKI

1983Tetovo

4.Danijela TANEVSKA

1968Jagodina

5.Lina TANEVSKA

1940Jagodina

6.Nebojsha TANEVSKI

1966Jagodina