FIRST SECTION
DECISION
Application no. 42685/05
Zora ANGELESKA
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 26 August 2014 as a Committee composed of:
Linos-Alexandre Sicilianos, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and Søren C. Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 15 November 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having regard to the Court’s decision of 18 September 2012,
Having regard to the parties’ letters of 13 February 2014 and 14 April 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Zora Angeleska, was a Macedonian national who was born in 1932 and lived in Kavadarci. She died on 5 July 2010. She was represented before the Court by Mr M. Mančev, a lawyer practising in Kavadarci.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention about her civil proceedings for property.
On 11 May 2012 and 18 May 2012 the Court received friendly settlement declarations signed by the applicant’s representative and the Government under which the applicant[‘s representative] agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 4,400 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. It would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 would constitute the final resolution of the case.
On 18 September 2012 the Court, relying on the friendly settlement declarations signed by the Government and the applicant’s representative, decided to strike the application out of its list of cases in accordance with Article 39 of the Convention.
With letters of 13 February 2014 and 14 April 2014, the parties informed the Court of the applicant’s death and asked that the Court’s decision of 18 September 2012 be amended accordingly. The applicant’s heirs (her son, Mr Slobodan Angeleski and her daughter, Ms Violeta Stefanova) accepted the terms of the friendly settlement described in the Court’s decision of 18 September 2012.
THE LAW
The Court notes that when it made its decision of 18 September 2012, it was not aware of the applicant’s death. Therefore, the Court finds it appropriate to restore the application to its list and to amend it accordingly.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list. Having in mind the applicant’s death, the amount of 4,400 EUR is awarded jointly to the applicant’s two heirs.
For these reasons, the Court unanimously
Decides to restore the application to its list of cases,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Søren C. PrebensenLinos-Alexandre Sicilianos
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy