FIFTH SECTION
DECISION
Application no. 70176/17
Vase MISHKOVSKI against North Macedonia
and 3 other applications
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 26 August 2021 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Jovan Ilievski,
Mattias Guyomar, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table. The applicant in applications nos. 70176/17, 75093/17 and 33114/18, Mr V. Mishkovski, died in 2019. His son, Mr I. Mishkovski, expressed intention to pursue the application and authorised Mr D. Gjorchevski to represent him in the proceedings before the Court.
The applicants’ complaint under Article 1 of Protocol No. 1 to the Convention concerning the payment of a standing heating charge for their dwelling and business premises 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 party agreed to waive any further claims against North Macedonia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts 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 these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
The Court considers that Mr I. Mishkovski has the requisite standing to pursue applications nos. 70176/17, 75093/17 and 33114/18 on behalf of his late father (see Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], no. 47848/08, §§ 97 and 100, ECHR 2014).
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Declares that Mr V. Mishkovski’s son, namely Mr I. Mishkovski, has standing to continue the applications in his late father’s stead;
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 16 September 2021.
Viktoriya Maradudina Stéphanie Mourou-Vikström
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention
(Interference with the right of property)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth/
registration
Representative’s name and location
Date of receipt of Government’s
declaration
Date of receipt of Applicant’s (heir’s) declaration
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
70176/17
19/09/2017
Vase MISHKOVSKI
Born:1947
Deceased: 2019
Heir:
Igor MISHKOVSKI
Born:1981
Dime Gjorchevski
Skopje
03/06/2021
14/05/2021
950
75093/17
17/10/2017
Vase MISHKOVSKI
Born:1947
Deceased: 2019
Heir:
Igor MISHKOVSKI
Born:1981
Dime Gjorchevski
Skopje
03/06/2021
14/05/2021
950
33114/18
06/07/2018
Vase MISHKOVSKI
Born:1947
Deceased: 2019
Heir:
Igor MISHKOVSKI
Born:1981
Dime Gjorchevski
Skopje
03/06/2021
14/05/2021
950
38892/19
16/07/2019
LAW FIRM TRPENOSKI
2005
Natasha Trpenoska-Trenchevska
Skopje
07/04/2021
07/04/2021
1,200
[1] Plus any tax that may be chargeable to the applicant’s heir/applicant company.
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