FIRST SECTION
DECISION
Application no. 2375/14
Milčo JOSIMOVSKI and others
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 6 October 2015 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Paulo Pinto de Albuquerque, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 20 December 2013,
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 Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under Article 6 of the Convention about the length of civil proceedings for unlawful enrichment.
On 28 July and 3 September 2015 the Court received friendly settlement declarations signed by the parties 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 this application against an undertaking by the Government to pay them jointly 3,800 euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the national currency at the rate applicable on the date of payment, and will 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. 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 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.
Done in English and notified in writing on 29 October 2015.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Appendix Mr Milčo JOSIMOVSKI is a Macedonian national who was born in 1962, lives in Kratovo; Mr Mile JAKIMOVSKI is a Macedonian national who was born in 1960, lives in Kratovo; Mr Ruse JAKIMOVSKI is a Macedonian national who was born in 1963, lives in Village of Ketenovo. All applicants and represented by Mr B. ANGELOVSKI, a lawyer practising in Kriva Palanka.
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