SECOND SECTION

DECISION

Application no. 23258/21 Violeta TUTUNOVSKA and Others against North Macedonia

(see appended table)

The European Court of Human Rights (Second Section), sitting on 9 November 2023 as a Committee composed of:

Frédéric Krenc , President , Diana Sârcu, Davor Derenčinović , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 26 April 2021,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Ms D. Chakarovska-Grozdanovska, a lawyer practising in Skopje.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Government of North Macedonia (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants, save for Mr Arsov, agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 payment will constitute the final resolution of the case.

On 9 May 2023 the applicants’ representative informed the Registry that Mr. Arsov wanted to withdraw the application to the Court since he was no longer interested in pursuing it.

THE LAW

The Court takes note of the friendly settlement reached between the parties, who duly signed the declarations. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application lodged by the applicants, with the exception of Mr Arsov.

As to Mr Arsov and his request to withdraw the application, the Court concludes that he may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 37 § 1 in respect of Mr Arsov and Article 39 of the Convention in respect of the remaining applicants.

Done in English and notified in writing on 30 November 2023.

Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

Application no. Date of introduction

Applicant’s name

Year of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage per applicant, save for Mr Arsov

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

23258/21

26/04/2021

(24 applicants)

Violeta TUTUNOVSKA

1963Snezhana ATANASOVA

1959Lena DIMOVSKA

1973Femi EMINI

1955Stojanche GROZDANOV

1953Svetlijanka JANEVA

1957Mirjana JOVANCHEVA

1958Pavlina KOSTOVA

1949Pavlina MARKOVA

1955Petre NEDELKOV

1948Cveta NIKOLOVA

1956Verka PANDELIEVA

1955Radojka PJATKINCHE

1958Lenche SERAFIMOVA

1955Dragica STAMENKOVA

1957Blagica STOJANOVA

1959Aleksanda TODEVSKI

1961Marika TRAJKOVA

1950Aco TRAJKOVSKI

1957Zoran TUSHEVSKI

1975Tina VASILEVA

1955Slavijanka ZAFIROVA

1959Viktor ZOROSKI

1952***

Nenad ARSOV

1963

19/05/2023

09/05/2023

550

250[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.