FIRST SECTION
DECISION
Application no. 9961/05
Ilija MAVKOV against the former Yugoslav Republic of Macedonia
and 5 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 4 March 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and André Wampach, Deputy Section Regstrar,
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 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 WampachPaulo Pinto de Albuquerque
Deputy RegistrarPresident
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
Subject matter
of the proceedings
Date of signature of the friendly settlement declaration by the respondent Government
Date of signature of the friendly settlement declaration by the applicant
The amount specified in the friendly settlement declarations (in euros)
9961/05
05/03/2005
Ilija MAVKOV
10/03/1942
Skopje
Ilija ČILIMANOV
Civil proceedings for disturbance of possession (смеќавање на владение)
П. Бр. 2968/01
Civil proceedings for right to permanent use of land
(право на трајно користење)
П бр. 477/03
(П. Бр. 4541/07)
3 October 2013
29 October 2013
3,500
4611/06
23/01/2006
Slavčo MITEVSKI
29/05/1951
Štip
Dejan ČITKUSEV
Administrative proceedings for social security allowance
3 October 2013
17 October 2013
4,130
56383/10
21/09/2010
Natalija ŠEKERDŽIEVA
09/10/1965
Strumica
Danica MUKANOVA
Administrative proceedings for social security allowance
3 October 2013
10 October 2013
2,500
27451/11
27/04/2011
Ljubica PANDILOVSKA
07/02/1956
Kumanovo
Civil proceedings for annulment of a dismissal decision and reinstatement to work
П бр. 1139/01
(РО. бр. 95/10)
3 October 2013
7 October 2013
2,800
50109/11
15/07/2011
Dejan ZAFIROVSKI
Kumanovo
Radovan ČESMADŽISKI
Compensation proceedings
III П. Бр. 1783/03
3 October 2013
25 October 2013
1,700
70509/11
04/11/2011
Ljupčo TRAJKOVSKI
13/04/1955
Skopje
Civil proceedings for debt
П бр. 9933/07
15 March 2013
1 November 2013
1,600
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