FIRST SECTION
DECISION
Application no. 42806/05
Blažo MANČEV against the former Yugoslav Republic of Macedonia
and 12 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 27 November 2012 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 out 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 whose 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 and about different types of proceedings as set out in the appendix.
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.
Applicant(s) name(s),
date(s) of birth and
place(s) of residence
Represented by
Application
no.
Lodged
on
Subject matter
Articles
invoked
Friendly settlement declaration signed by the Government on
Friendly settlement declaration signed by the applicant(s) on
Friendly settlement sum (in euros)
Blažo MANČEV
13/03/1959
Kavadarci
Mančo MANČEV
42806/05
09/11/2005
Labour dispute (annulment of the applicant’s dismissal) (П.бр. 64/95)
Article 6 § 1
11/05/2012
11/05/2012
4,700
Zorka BALABAN
02/05/1956
Strumica
Snežana GRAMATIKOVA
2009/06
23/12/2005
Civil proceedings for annulment of a medical expert report
(РО бр.
265/91, П/РС.бр.
705/92)
Article 6 § 1
11/05/2012
10/05/2012
4,700
Sonja MARTINOVSKA
08/05/1965
Skopje
Eftim DAČEVSKI
47593/06
13/11/2006
Labour dispute (annulment of the applicant’s reassignment)
(П.бр. 1864/95)
Article 6 § 1
11/05/2012
11/05/2012
5,500
Trajko JOVEV
22/05/1922
Skopje
Jordan POPOSKI
08/08/1934
Skopje
Katerina VASKOVSKA
25/08/1950
Skopje
/
16345/07
30/03/2007
Civil proceedings concerning reconstruction of a residential building (ВПП бр.55/96,
ВПП бр.62/07)
Article 6 § 1
11/05/2012
17/05/2012
3,800 (jointly to the first and the second applicants)
3,800 (separately to the third applicant)
Božica ANTONIEVSKA
07/01/1952
Gostivar
Verka PANDEVSKA
30/05/1946
Gostivar
/
31833/07
12/07/2007
Labour proceedings (payment of salary) (П.бр. 7/2001)
Article 6 § 1
11/05/2012
10/05/2012
2,200 (each)
Fanče KUZMANOVSKA
Melbourne, Australia
Petraki PINZA
47308/07
13/10/2007
Determination of title to a house obtained in wedlock (П.бр. 2397/94)
Article 6 § 1,
Article 1 of Protocol No.1
11/05/2012
21/05/2012
4,400
Trajan NIKOLOVSKI
10/08/1932
Skopje[1]
Katerina NIKOLOVSKA
10/08/1938
Skopje
Vladimir POCEVSKI
50869/07
13/11/2007
Property-related
dispute against the applicants
(determination of title to an appartment) (П.бр. 4125/95)
Article 6 § 1 and 3
11/05/2012
31/05/2012
4,000 (jointly)
Kristin VASILEVSKA
29/06/1952
Skopje
Dragan SIMONOVSKI
53454/07
23/11/2007
Property-related
dispute (determination of title to an appartment obtained in wedlock) (П.бр. 3872/93)
Article 6 § 1
11/05/2012
24/05/2012
3,800
Svetislav ANASTASOVSKI
11/12/1948
Kumanovo
Milena DUMANOVSKA
13182/08
20/02/2008
Property-related dispute against the applicant (determination of title to a plot of land, annulment of a court settlement and a purchase agreement) (П.бр. 1790/99)
Article 6 § 1
11/05/2012
14/05/2012
2,900
Marjan DRVOŠANOV
24/10/1954
Strumica
Danica MUKANOVA
44627/08
30/08/2008
Labour-related dispute (annulment of the applicant’s dismissal) (П/РС бр. 31/01)
Article 6 § 1
11/05/2012
18/04/2012
2,000
Duško MITREVSKI
19/11/1948
Skopje
Vesela DIMOVA
45453/08
10/09/2008
Labour-related dispute (annulment of the applicant’s dismissal) (П.бр. 1355/99)
Article 6 § 1
11/05/2012
07/05/2012
2,800
Habib RUŠANI
25/12/1966
Bitola
Isnija RUŠANI
05/05/1944
Bitola
Ljupčo KOŽOVSKI
61312/08
09/12/2008
Compensation claim (П.бр. 1208/02, П.бр. 179/10)
Article 6 § 1
11/05/2012
07/05/2012
2,900 (jointly)
13.
Goran DIMITRIEVSKI
03/03/1971
Kumanovo
Goran BOGATINOVSKI
22278/10
06/04/2010
Administrative proceedings for allocation of na appartment (У.бр. 5669/07)
Article 6 § 1,
Article 5, Article 6 of Protocol No. 2,
Article 1 of Protocol No.12
24/04/2012
27/06/2012
2,600
[1] In a letter of 18/05/2012 the Court was informed that the first applicant, Mr. Trajan Nikolovski, died on 07/01/2008 and that Ms. Biljana Ristomanova from Strumica, his daughter, would pursue the application on his behalf.
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