KITANOVSKI v. NORTH MACEDONIA

SECOND SECTION

DECISION

Application no. 22146/20
Aco KITANOVSKI
against North Macedonia

(see appended table)

The European Court of Human Rights (Second Section), sitting on 7 March 2024 as a Committee composed of:

 Frédéric Krenc, President,
 Diana Sârcu,
 Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 3 June 2020,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr O. Gashev, a lawyer practising in Veles.

The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning the confiscation of his lorry was communicated to the Government of North Macedonia (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him ex gratia 5,600 euros (EUR) to cover any and all pecuniary and non-pecuniary damage, as well as costs and expenses, plus any tax that may be chargeable to the applicant, or, in the alternative, should the lorry be returned to the applicant, EUR 1,600 to cover any and all non-pecuniary damage, as well as costs and expenses, plus any tax that may be chargeable to the applicant. The relevant amount 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 the relevant amount within the above-mentioned three-month period, the Government undertake 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 the Protocols thereto 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 28 March 2024.

 Viktoriya Maradudina Frédéric Krenc
 Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 1 of Protocol No. 1 to the Convention

(confiscation)