FIRST SECTION
DECISION
Application no. 41050/06
Božica ANTONIEVSKA and others
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 17 September 2013 as a Committee composed of:
Khanlar Hajiyev, President,
Erik Møse,
Dmitry Dedov,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 15 September 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. The applicants are all Macedonian nationals and, unless specified otherwise in the appendix, live or lived in Gostivar or its vicinity. After lodging the application, some of the applicants deceased and their heirs, as specified in the appendix, expressed the intention to pursue the application on their behalf.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under Articles 6 § 1, Article 13 and Article 14 of the Convention about their labour proceedings for unpaid employment-related benefits. The application was communicated to the Government in respect of the length of proceedings.
Between 21 May and 28 November 2012 the Court received friendly settlement declarations signed by the parties under which the applicants (or their heirs) 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 each of them 900 euros to cover any non-pecuniary damage as well as costs and expenses. The amounts will 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 will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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.
THE LAW
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.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
Appendix
No.
First name
LAST NAME
Birth year
Remarks
Lokman ADILI
1958
Adil ADILI
1948
Božica ANTONIEVSKA
1952
Slavica APOSTOLOSKA
1957
Slave APOSTOLOSKI
1953
Angelina ARSESKA
1952
Pavle ARSESKI
1955
Elena AVRAMOSKA
1941
Nevzat BAJRAMI
1943
Pavlina BARUTOSKA
1941
Liljana BIBOSKA
1946
Bogdan BOGDANOSKI
1955
Dulfa BOŽINOSKA
1953
Slavka BOŽINOSKA
1949
Nadica BUNDALESKA
1951
Džumaledin CAKO
1949
Borka CVETKOVSKA
1947
Gjurgja DABESKA
1955
Trpana DAMJANISKA
1960
Muradije DEARI
1958
Zivka DIMITRIESKA
1955
Vaska DIMOSKA
1952
Abduldzemail DŽEMAILI
1939
Vaska EFTOSKA
1963
Mejdin ELMAZI
1946
After the applicant’s death, the application was pursued on his behalf by his son, Mr Dzevat ELMAZI
Adem FEJZI
1940
Ahmet FEJZULI
1944
Imran FERATI
1947
After the applicant’s death, the application was pursued on his behalf by his son, Mr Hadis FERATI
Zulbear FETAI
1949
Adi GANIU
1945
Velko GAVRILOSKI
1954
Vesna GEGOSKA
1957
Liljana GERIK
1949
Vesela GRUESKA
1956
Petko GRUJOSKI
1937
Vesna GRUPČE
1960
Samedin HAMZA
1961
Rasim HASANI
1947
Ferit HUSEINI
1945
After the applicant’s death, the application was pursued on his behalf by his nephew, Mr Dani Huseini
Agim HUSEINI
1962
Abdulbari IDRIZI
1944
Fadil IDRIZI
1967
Gazmen IDRIZI
1971
Slavica ILKOSKA
1956
Lahir ISMAILI
1939
Svetlana JAČESKA
1962
Remzi JAKUPI
1947
Imer JAŠARI
1940
Pavlina JONĆESKA
1949
Grozda JOVANOSKA
1957
Liljana JOVANOSKA
1950
Dragiša JOVANOSKI
1969
Nasir JUSUFI
1951
Enver JUSUFI
1942
After the applicant’s death, the application was pursued on his behalf by his brother, Mr Gajur JUSUFI
Gjulsime KALGURI
1958
Seare KALGURI
1952
Abduladi KAMBERI
1939
Nazmije KAMBERI
1954
Džahit KARADŽA
1942
Nuri KARADŽA
1949
Vukica KARANFILOSKA
1954
Ismailaki KOC
1950
After the applicant’s death, the application was pursued on his behalf by his wife, Ms Mevlude KOC
Branka KOSTADINOVIK
1948
Canislav KOSTOSKI
1950
Borka KRAJĆEVSKA
1957
Bekir KREĆI
1938
Marija KUZMANOSKA
1958
Roska KUZMANOSKA
1945
Dimitrija LULKOSKI
1967
Golube MAKSIMOSKI
1940
Slavka MANASIESKA
1954
Slagjana MANASIESKA
1967
Jelica MARKOVSKA
1946
Zvezda MATESKA
1951
Voislav MATESKI
1952
Nijazija MEHMETI
1956
Dusica MIRIK
1955
The applicant lives in Niš, Serbia
Nada MITESKA
1952
The applicant lives in Negotino
Jelisaveta NAUMOSKA
1969
Nadica NIKOLOSKA
1944
Boban NIKOLOSKI
1968
Nadica OGNJANOSKA
1958
Liljana ONOSIMOSKA
1954
Abdulahamit OSMANI
1958
Fikri PAJAZITI
1950
Verka PANDEVSKA
1946
Stojna PETRESKA
1946
Slobodan PETRESKI
1946
Dimitrija POPOSKI
1943
Pero RADIČESKI
1937
Kirko RADIČESKI
1949
Gore RADIČESKI
1942
Jovan RADIČEVSKI
1966
Keramedin REČANI
1941
Dimka RISTESKA
1949
Risto RISTOSKI
1938
Umrli ŠAINI
1949
Ugrin ŠARESKI
1964
Asmet SELIMI
1962
Ivanka SERAFIMOSKA
1949
Ljube SERAFIMOSKI
1937
Simon SIMONOSKI
1933
Svetlana STEFANOSKA
1960
Rajna STEFANOSKA
1949
Jovanka STEPANOSKA
1962
Mirjana STRASEVSKA
1955
Jelka STREZOSKA
1959
Ismet TAIRI
1946
The applicant died and the application on his behalf was pursued by his wife, Ms Hadime Tahiri
Vaska TOFILOSKA
1960
Ilija TRIFUNOSKI
1973
Ivanka TRPESKA
1951
Dime TRPESKI
1947
Harun VEJSELI
1951
Zorka VELJANOSKA
1944
Kosto VELJANOSKI
1954
Angele VELJANOSKI
1953
Dime VELJANOSKI
1937
Muzafer ZEKIRI
1963
Full & Egal Universal Law Academy