SECOND SECTION
DECISION
Application no. 7307/20
KARPOSH FACTORY AD against North Macedonia
and 6 other applications
(see list appended)
The European Court of Human Rights (Second Section), sitting on 30 January 2024 as a Committee composed of:
Lorraine Schembri Orland, President,
Jovan Ilievski,
Diana Sârcu, judges,
and Dorothee von Arnim, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Government of North Macedonia (“the Government”) were represented by their Agent, Ms D. Djonova.
3. The applicants complained under Articles 6 and 13 and Article 1 of Protocol No. 1 to the Convention about the lengthy non-enforcement of final judgments and decisions ordering a State-owned enterprise for national roads and motorways and a State-run student dorm to pay the applicants different amounts of money.
4. On 15 May 2023 the Court received from the Government friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the respondent State in respect of the facts giving rise to these applications. Furthermore, they agreed to the following:
...
“2. The applicants undertake to submit to the Government within one month following the notification of the Court’s decision striking the case out of its list of cases, a fresh notification issued by the competent bailiff with respect to each and every payments made by the debtor upon the enforcement order, issued upon the final decision delivered in the case mentioned in paragraph 1 above, in particular with respect to any such payments by the debtor after the notification issued by the competent bailiff and submitted by the applicants in the process of friendly settlement negotiations.
3. The applicants undertake to submit to the Government within one month following the notification of the Court’s decision striking the respective part of the case out of its list of the cases, notification that the enforcement request submitted with respect to the final decision that is subject matter of the application, delivered in the case mentioned in paragraph 1, has been withdrawn and that therefore the appropriate enforcement proceedings has been terminated.”
...
5. On their part, the Government undertook to pay the applicants the amounts detailed in the appended table, covering any pecuniary and non-pecuniary damage, as well as legal costs and expenses, less the sums already paid by the debtor at national level after the notification issued by the competent bailiff and submitted by the applicants in the process of friendly settlement negotiations. As specified in the declarations, these amounts are set out in the national currency of the respondent State, and will be payable within four months from the date of notification of the Court’s decision. The payment will constitute the final resolution of the cases.
THE LAW
6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
7. 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 22 February 2024.
Dorothee von Arnim Lorraine Schembri Orland
Deputy Registrar President
Appendix
List of cases:
No.
Application no.
Date of introduction
Applicant’s
Year of Birth/Registration
Place of Residence
Represented by
Date of receipt of the parties’ declaration/s
Amount awarded for pecuniary and non-pecuniary damage, as well as costs and expenses to the applicants
(in Macedonian denars – national currency)
1.
7307/20
28/01/2020
KARPOSH FACTORY AD
2006
Skopje
Dejan BOGDANOV
15/05/2023
642,843
2.
15860/20
12/02/2020
Elena NIKCHEVSKA
1982
Skopje
Jasmina VASILKOVSKA
1979
Skopjе
Dejan BOGDANOV
15/05/2023
4,224,669[1]
3.
38176/20
19/08/2020
AGROVOJVODINA-MEHANIZACIJA NS DOOEL
1998
Skopje
Dejan BOGDANOV
15/05/2023
2,888,792
4.
38659/20
22/08/2020
BOMARSKI DOOEL EXPORT-IMPORT SKOPJE
2017
Skopje
Zharko HADJI-ZAFIROV
15/05/2023
2,035,816
5.
38665/20
27/08/2020
S.KOM DOOEL
2003
Skopje
Zharko HADJI-ZAFIROV
15/05/2023
543,372
6.
44331/20
23/09/2020
DIDAKS DOOEL SKOPJE
1994
Skopje
Dejan BOGDANOV
15/05/2023
8,375,195
7.
49268/20
22/10/2020
KARGOMAKS DOOEL MILADINOVCI ILINDEN
2007
Ilinden
Dejan BOGDANOV
15/05/2023
110,205,789
[1] The amount in question is to be paid jointly to the applicants.