Published on 23 January 2023

SECOND SECTION

Application no. 6381/20 PUCKO PETROL IMPORT-EXPORT DOOEL against North Macedonia and 4 other applications (see list appended) communicated on 3 January 2023

SUBJECT MATTER OF THE CASE

The applications concern the non-enforcement of final judgments and decisions ordering a State-owned enterprise for national roads and motorways (applications nos. 38665/20, 15860/20 and 38176/20) and a State-run student dorm (applications nos. 6381/20 and 44819/20) to pay the applicants different amounts of money.

The President of the Skopje Court of First Instance found in separate decisions that a final decision against the above debtors can be executed only on the surplus of assets exceeding the amount of minimum indispensable assets necessary for the performance of their duties (established by an expert report).

The applicants complain under Articles 6 § 1 (except in application no. 38665/20) and 13 of the Convention and Article 1 of Protocol No. 1 thereto about the non-enforcement of the final judgments and decisions in their favour and about the lack of an effective remedy to challenge the decisions of the trial court’s president.

QUESTIONS TO THE PARTIES

1. Has there been a breach of Article 6 § 1 of the Convention (except in application no. 38665/20) and/or Article 1 of Protocol No. 1 to the Convention on account of the applicants’ inability to enforce the final judgments and decisions in their favour (see Immobiliare Saffi v. Italy [GC], no. 22774/93, §§ 44-59 and 62-75, ECHR 1999-V; Burdov v. Russia , no. 59498/00, §§ 34-38 and 40-42, ECHR 2002-III; Burdov v. Russia (no. 2), no. 33509/04, §§ 65-70 and 86-88, ECHR 2009, and Kuzhelev and Others v. Russia , nos. 64098/09 and 6 others, §§ 109-110, 15 October 2019)? In this connection, were the decisions by the President of the Skopje Court of First Instance compatible with the requirements of these Articles of the Convention?

2. Did the applicants have at their disposal effective domestic remedies for their complaints under Article 6 (except in application no. 38665/20) and Article 1 of Protocol No. 1 to the Convention, as required by Article 13 of the Convention (see Burdov v. Russia (no. 2), no. 33509/04, §§ 96-117 , ECHR 2009)?

APPENDIX

List of applications

No.

Application no.

Lodged on

Applicant Year of Birth/Registration Place of Residence

Represented by

1.

6381/20

22/01/2020

PUCKO PETROL IMPORT-EXPORT DOOEL

1999 Plasnica

Nikola DODEVSKI

2.

38665/20

27/08/2020

S.KOM DOOEL

2003 Skopje

Zharko HADJI-ZAFIROV

3.

15860/20

12/02/2020

Elena NIKCHEVSKA 1982 Skopje Jasmina VASILKOVSKA 1979 Skopjе

Dejan BOGDANOV

4.

38176/20

19/08/2020

AGROVOJVODINA-MEHANIZACIJA NS DOOEL

1998 Skopje

5.

44819/20

29/09/2020

SPECIAL PRODUCT DOOEL SKOPJE

2004 Skopje