FIFTH SECTION
DECISION
Application no. 22163/04
by Stana KOSTADINOVSKA
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (Fifth Section), sitting on 26 February 2008 as a Chamber composed of:
Peer Lorenzen, President,
Snejana Botoucharova,
Karel Jungwiert,
Volodymyr Butkevych,
Rait Maruste,
Mark Villiger,
Mirjana Lazarova Trajkovska, judges,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 9 June 2004,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Stana Kostadinovska, is a Macedonian national who was born in 1953 and lives in Kumanovo. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
The facts of the case, as submitted by the parties, may be summarised as follows.
Mr B.K., a high-ranking army officer at the relevant time and the applicant’s former husband, was granted an apartment by the Ministry of Defence (“the Ministry”). After their divorce, in October 1990 the applicant brought a civil action against him claiming tenancy (станарско право) of that apartment.
After the first- and second-instance courts had dismissed the applicant’s claim, on 14 November 1991 the Supreme Court granted the public prosecutor’s request for the protection of legality (барање за заштита на законитоста) and remitted the case for a fresh consideration.
By decisions of the then Kumanovo Municipal Court and the Skopje District Court, dated 16 September 1992 and 25 March 1993, respectively, the proceedings were terminated. On 22 March 1994 the Supreme Court quashed those decisions and ordered a retrial. That decision was given again upon the public prosecutor’s request for the protection of legality.
In the meantime, on an unspecified date in 1995, the applicant lodged a separate claim for annulment of a sale agreement (“the sale agreement”) concluded in June 1995 between Mr B.K. and the Ministry under which the former had taken possession of the apartment in issue. A third set of proceedings was also pending in relation to Mr B.K.’s claim against the Ministry to recognise his title of the apartment (утврдување на сопственост). On a later date, these proceedings were joined.
After the applicant’s case had been reconsidered twice, on 22 May 2000 the Kumanovo Court of First Instance partially upheld her claim: it granted her a tenancy of the apartment and annulled the sale agreement. It further dismissed Mr B.K.’s claim to order the Ministry to recognise his title under the sale agreement. That decision was confirmed by the Skopje Court of Appeal on 12 July 2001. On 23 April 2003 the Supreme Court granted for the third time the public prosecutor’s request for the protection of legality and remitted the case to the first-instance court for a renewed examination.
On 27 January 2005 the Kumanovo Court of First Instance gave the same decision as on 22 May 2000.
On 8 August 2005 Mr B.K. died.
On 21 October 2005 the Skopje Court of Appeal confirmed the first-instance court’s decision.
On 19 January 2006 the public prosecutor refused an application from the Solicitor General to lodge with the Supreme Court a request for the protection of legality. The applicant now lives in the apartment in issue.
COMPLAINT
The applicant complained under Article 6 of the Convention that the proceedings did not comply with the “reasonable time” requirement of this provision.
THE LAW
On 4 September 2007 the Court received the following declaration from the Government:
“I declare that the Government of the former Yugoslav Republic of Macedonia offer to pay ex gratia 1,800 euros to Ms Stana Kostadinovska with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency at the rate applicable on the date of payment, and 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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.”
On 10 September 2007 the Court received the applicant’s declaration, duly signed, in which she stated the following:
“I note that the Government of the former Yugoslav Republic of Macedonia are prepared to pay me ex gratia the sum of 1,800 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ... I accept the proposal and waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy