FIRST SECTION
DECISION
Application no. 18358/15
Hasan ASANI against the former Yugoslav Republic of Macedonia
and 12 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 21 June 2016 as a Committee composed of:
Kristina Pardalos, President,
Paul Mahoney,
Robert Spano, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set out in the appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
All applicants are Macedonian nationals. The applicants’ personal details, together with the names of their representatives are set out in the appendix.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under Article 6 § 1 of the Convention about the length of the civil and enforcement proceedings. The details regarding the proceedings are described in the appendix. The length complaint was communicated to the respondent Government.
On the dates set out in the appendix, the parties signed friendly settlement declarations, under which the applicants agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums set out in the appendix, to cover any non-pecuniary damage as well as costs and expenses, which will be converted into national currency at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will 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 will constitute the final resolution of the cases.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 12 July 2016.
Renata DegenerKristina Pardalos
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Subject matter of the proceedings
Friendly settlement declaration signed by the Government on
Friendly settlement declaration signed by the applicant(s) on
Friendly settlement sum
(in euros)
18358/15
09/04/2015
Hasan ASANI
22/07/1953
Gostivar
Ljupčo LAZARESKI
Enforcement proceedings И.бр. 5414/03
13 April 2016
17 March 2016
600
(for applications under 1 and 2 in this list)
36597/15[1]
21/07/2015
Hasan ASANI
22/07/1953
Gostivar
Ljupčo LAZARESKI
25270/15
19/05/2015
Memet ASANI
05/07/1964
Gostivar
Ljupčo LAZARESKI
Enforcement proceedings
И.бр. 2803/2000
13 April 2016
1 April 2016
2,000
23227/15
08/05/2015
Agladija IGNJATOSKA
06/10/1952
Gostivar
Civil proceedings for payment of pension and disability contributions
П. Бр. 716/03
13 April 2016
21 April 2016
1,000
24676/15
13/05/2015
Delče MILOŠESKI
27/07/1953
Galate, Gostivar
13 April 2016
21 April 2016
1,000
24787/15
12/05/2015
Božin BOŽINOSKI
29/01/1955
Gostivar
13 April 2016
25 April 2016
1,000
24790/15
12/05/2015
Boris GURČINOVSKI
15/09/1957
Gostivar
13 April 2016
25 April 2016
1,000
29918/15
12/06/2015
Muzafer SALJIU
01/01/1957
Gostivar
Mišo DAMNJANOSKI
13 April 2016
22 April 2016
1,050
33467/15
03/07/2015
Lena MANASIJEVSKA
20/08/1959
Gostivar
13 April 2016
7 April 2016
1,000
33471/15
04/07/2015
Zorica ANGELKOSKA
25/02/1958
Gostivar
13 April 2016
7 April 2016
1,000
33657/15
06/07/2015
Antonia DAMNJANOSKI
02/12/1957
Gostivar
13 April 2016
20 April 2016
1,000
33661/15
06/07/2015
Blagoja GORGESKI
08/07/1954
Gostivar
13 April 2016
6 April 2016
1,000
34963/15
03/07/2015
Dostana TRPESKA
30/01/1956
Gostivar
13 April 2016
7 April 2016
1,000
[1] Applications 18358/16 and 36597/15 concern identical proceedings.
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