SECOND SECTION
DECISION
Application no. 37800/19
Rada KOCHOVSKA and others against North Macedonia
and 5 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 2 June 2022 as a Committee composed of:
Branko Lubarda, President,
Pauliine Koskelo,
Gilberto Felici, judges,
and Viktoriya Maradudina, Acting 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
The list of applicants is set out in the appended table.
The applicants were represented by Danche Chakarovska-Grozdanovska, a lawyer practising in Skopje.
The applicants’ complaints under Article 6 of the Convention concerning the length of bankruptcy proceedings were communicated to the Government of North Macedonia (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against North Macedonia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto 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 23 June 2022.
Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 of the Convention
(excessive length of bankruptcy proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declarations
Date of receipt of Applicants’ declarations
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
37800/19
10/07/2019
(3 applicants)
Rada KOCHOVSKA
1960
Katerina MASEVSKA
1947
Mile BOZHINOVSKI
1969
Danche Chakarovska-Grozdanovska
Skopje
16/03/2022
11/03/2022
750
7849/20
29/01/2020
(9 applicants)
Spomenka SHTERJOVA
1962
Slavica MITEVSKA
1960
Neda JANKOVSKA
1955
Olgica CHIPLAKOVSKA
1948
Svetlana GJORGJOVSKA
1961
Mile GJORGJIEVSKI
1951
Mirjana ATANASOVSKA
1966
Hristo STOICOV
1944
Katica BLAZHEVSKA
1952
10675/20
13/02/2020
(10 applicants)
Srebra TERZIKJ
1953
Vesa NIKOLOVSKA
1955
Zhivka JAKIMOVSKA
1949
Dragica MLADENOSKA
1953
Mitka STOILKOVSKA
1958
Mirsija DAZDAREVIKJ
1956
Ilina VOLCHESKA
1947
Vera HRISTOVSKA
1951
Evto KRSTESKI
1948
Slavica KRSTESKA
1953
12351/20
28/02/2020
(9 applicants)
Janinka STOJKOSKA
1952
Daile PITARKA
1956
Violeta KUZMANOVSKA
1960
Biljana NIKOLOVSKA
1954
Vera SIMEONOVA
1954
Rushka STANKOVSKA
1952
Bozhana SIMONOVSKA
Blagoja DIMOVSKI
1946
Milko MILADINOVSKI
1962
13225/20
05/03/2020
(8 applicants)
Marija MICKOVSKA
1950
Vrosija CVETANOSKA
1948
Nada ANGJELOVIKJ
1951
Dafinka RADESKA
1952
Verka MARKOVSKA
1956
Ljuba LAZAREVSKA
1957
Lenka PANEVSKA
1952
Zora JANCHEVA
1955
14350/20
10/03/2020
(9 applicants)
Snezhana NICHOVA
1962
Ilinka STAMATOVSKA
1961
Slobodan SAVESKI
1970
Srebra KRSTOSKA
1950
Dragica STAMKOVA
1950
Varka BOZHINOVSKA
1955
Zvonko RISTESKI
1968
Dragi STOJANOVSKI
1960
Aco TRAJKOVSKI
1960
[1] Plus any tax that may be chargeable to the applicants.