FIRST SECTION
DECISION
Application no. 7163/06
Ferat LUTFIU against the former Yugoslav Republic of Macedonia
and 5 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 17 September 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications lodged on the dates set in the appendix,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
All applicants are Macedonian nationals. The applicants’ personal details, together with the names of their representatives, are set out in the appendix.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicants complained under different Articles of the Convention regarding different proceedings, as set out in the appendix. The applications were communicated to the Government in respect of the length of proceedings.
On the dates set out in the appendix, the parties signed friendly settlement declarations, 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 these applications against an undertaking by the Government to pay them the sums set out in the appendix, to cover any non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. These sums 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 these sums 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 payments will constitute the final resolution of the cases.
THE LAW
Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications.
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.
André WampachElisabeth Steiner
Deputy RegistrarPresident
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Subject matter
Friendly settlement declaration signed by the Government on
Friendly settlement declaration signed by the applicant(s) on
Friendly settlement sum (in euros)
7163/06
25/01/2006
Ferat LUTFIU
09/11/1930
Kičevo
Civil proceedings for debt
П бр. 590/95
И бр. 3129/2004
15 March 2013
19 February 2013
2,800 EUR
45124/09
13/08/2009
Osman S. OSMANI
25/07/1931
Skopje
Civil proceedings for restitution of an item seized in criminal proceedings
П. бр. 1814/03
1 July 2013
13 June 2013
1,600 EUR
60831/09
14/11/2009
Donka IMER
24/04/1955
Skopje
Dimitar TODOROVSKI
Civil proceedings for factual possession (предавање во владение) and annulment of a sale contract
П. бр. 3729/93
П. бр. 1913/07
1 July 2013
27 June 2013
5,000 EUR
33250/10
09/06/2010
Panče KRSTEV
04/05/1959
Skopje
Civil proceedings for payment of a debt
П бр. 3106/02
(XXXVIII П бр. 13012/07)
13 May 2013
7 May 2013
2,200 EUR
50436/11
18/07/2011
Zlatko GUCEV
16/11/1962
Veles
Dragi KOSEV
03/06/1967
Veles
Lorens ANGOV
10/03/1966
Veles
Todor PLJAKOV
Civil proceedings for annulment of dismissal decisions
П. бр. 1547/99
1 July 2013
27 May 2013
3,270 EUR each
67971/11
05/10/2011
Milivoje RISTOVSKI
09/05/1943
Skopje
Blagica RISTOVSKA
Skopje
Civil proceedings for title to a share in a company
XIV П бр. 1444/99
1 July 2013
19 June 2013
4,000 EUR jointly
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