SECOND SECTION
DECISION
Applications nos. 38181/20 and 44819/20
BETON AD SKOPJE and SPECIAL PRODUCT DOOEL SKOPJE
against North Macedonia
The European Court of Human Rights (Second Section), sitting on 21 May 2024 as a Committee composed of:
Diana Sârcu, President,
Jovan Ilievski,
Gediminas Sagatys, judges,
and Dorothee von Arnim, Deputy Section Registrar,
Having regard to the above applications lodged on 19 August 2020 and 29 September 2020 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicant companies is set out in the appendix.
2. The Government of the Republic of North Macedonia (“the Government”) were represented by their Agent, Ms D. Djonova.
3. The applicants’ complaints under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 thereto about the non-enforcement of final judgments and decisions ordering a State-owned enterprise (application no. 38181/20) and a State-run student dorm (application no. 44819/20), respectively, to pay the applicant companies certain sums were communicated to the Government.
4. On 15 May 2023 the Court received declarations, signed by both parties in each application, the relevant parts of which read as follows:
“...
2. The applicant company with a view to secure a friendly settlement of the above mentioned case pending before the European Court of Human Rights, herewith withdraws the above mentioned application in order to terminate the proceedings before the European Court of Human Rights (“the Court”) that originated in the application...
3. The applicant company agrees to waive any further claims against North Macedonia in respect of the facts giving rise to this application.”
THE LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
6. In light of the content of the above declarations, the Court concludes that the applicants do not wish to pursue the applications within the meaning of Article 37 § 1 (a) of the Convention. It further does not discern any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols which would require it to continue the examination of the applications (Article 37 § 1 in fine).
7. Accordingly, the cases should be struck 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.
Done in English and notified in writing on 13 June 2024.
Dorothee von Arnim Diana Sârcu
Deputy Registrar President
APPENDIX
List of cases:
No.
Application no.
Date of introduction
Applicant company’s name
Year and place of registration
Representative’s name
Location
Date of receipt of the parties’ declarations
1.
38181/20
19/08/2020
BETON AD SKOPJE
1995
Skopje
Dejan BOGDANOV
Skopje
15/05/2023
2.
44819/20
29/09/2020
SPECIAL PRODUCT DOOEL SKOPJE
2004
Skopje