FIRST SECTION
DECISION
Application no. 46270/08
Miroslav HRISTOVSKI against the former Yugoslav Republic of Macedonia
and 8 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 17 September 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set 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 different Articles of the Convention and about different types of proceedings as set out in the appendix. The applications were communicated to the Government in respect of the length of proceedings.
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 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. 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 these sums 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 payments will constitute the final resolution of the cases.
THE LAW
Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications.
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 strike the applications out of its list of cases in accordance with Article 39 of the Convention.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Subject matter
Friendly settlement declaration signed by the Government on
Friendly settlement declaration signed by the applicant(s) on
Friendly settlement sum (in euros)
46270/08
17/09/2008
Miroslav HRISTOVSKI
07/02/1950
Skopje
Goran STOEV
Non-contentious proceedings for determination of compensation for an expropriated property
ВПП бр. 86/02
13 May 2013
14 May 2013
2,300 EUR
11055/10
15/02/2010
Boris ANDONOVSKI
28/09/1941
Skopje
Dimitar TODOROVSKI
Civil proceedings for transfer of possession
П бр. 2015/07
(П бр. 4264/96)
13 May 2013
8 May 2013
5,600 EUR
14026/10
02/03/2010
Snežana PETROVA
14/09/1968
Gevgelija
Zorica IVANOSKA
Civil proceedings for fulfilment of contractual obligations
П бр. 404/03
13 May 2013
30 April 2013
2,600 EUR
20787/10
09/04/2010
Snežana TEMOVA
01/04/1963
Skopje
Roza ULIMANOVA
01/04/1963
Kavadarci
Cvetanka BOŠKOVA
26/10/1970
Kavadarci
Slavica TRAJKOVA
31/03/1968
Kavadarci
Rodna CUCULOVA
Civil proceedings for title to a property
П бр. 194/00
13 May 2013
13 May 2013
3,200 EUR each
20934/10
03/04/2010
Stojna TRAJKOVSKA
16/03/1956
Bitola
Civil proceedings for peaceful enjoyment of possession and compensation of damages П бр. 950/05
4 April 2013
10 April 2013
1,150 EUR
33382/11
23/05/2011
Petar VELINOV
16/10/1943
Kriva Palanka
Enforcement proceedings И. бр. 409/2002
4 April 2013
28 March 2013
2,500 EUR
35689/11
28/05/2011
Gavril KECOJEVIK
12/06/1951
Valandovo
Civil proceedings for determination of title to a property and for annulment of a gift contract
П бр. 503/03
(П бр. 9/10)
4 April 2013
9 April 2013
2,200 EUR
66293/11
07/10/2011
Kerim AJRULAI
10/04/1934
Village of Matejce
Milena DUMANOVSKA
Civil proceedings for compensation of damages
П бр. 1167/04
4 April 2013
5 March 2013
1,700 EUR
66571/11
13/10/2011
Milomir STOJMANOVIK
02/10/1940
Kumanovo
Milena DUMANOVSKA
Civil proceedings for compensation of damages
П бр. 742/04
4 April 2013
5 March 2013
1,700 EUR
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