FIFTH SECTION
DECISION
Application no. 19301/04
by Spaso PANEV
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (Fifth Section), sitting on 26 February 2008 as a Chamber composed of:
Peer Lorenzen, President,
Snejana Botoucharova,
Karel Jungwiert,
Volodymyr Butkevych,
Rait Maruste,
Mark Villiger,
Mirjana Lazarova Trajkovska, judges
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 24 May 2004,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Spaso Panev, is a Macedonian national who was born in 1946 and lives in Konče. He was represented before the Court by Ms B. Stevčeva, a lawyer practising in Radoviš. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicant worked in a then socially-owned undertaking, which was later restructured as a public undertaking (“the employer”). On 2 July 1990 the employer launched disciplinary proceedings against him since he had not appeared at work between January and June 1990.
On 11 June 1992 the applicant instituted civil proceedings against the employer requesting the then Gevgelija Municipal Court, which later became the Court of First Instance (“the first-instance court”), to acknowledge him as being employed with the employer, as well as to order the latter to pay him unpaid salary and other work-related allowances for several months in 1991 and 1992.
On 27 February 2001 the first-instance court dismissed the applicant’s claims. That decision was quashed by the Skopje Court of Appeal on 28 June 2001.
On 27 December 2001 the first-instance court gave a partial decision: it acknowledged the applicant’s status as an employee and ordered the employer to reinstate him to a post corresponding to his qualifications. The remaining part of the applicant’s claim was left to be decided after that decision would become final. On 16 September 2002 the Skopje Court of Appeal confirmed that decision.
On 23 October 2003 the Supreme Court granted the employer’s appeal on points of law (ревизија) and overturned (преиначува) the lower courts’ decisions. That decision was served on the applicant on 11 December 2003.
COMPLAINTS
The applicant complained under Article 6 of the Convention that the proceedings were unreasonably lengthy and unfair as the Supreme Court had allegedly re-assessed the evidence and had, accordingly, given a wrong decision.
THE LAW
On 19 November 2007 the Court received the following declaration from the Government:
“I (the name), Agent of the Government, declare that the Government of the former Yugoslav Republic of Macedonia offer to pay ex gratia 2,200 euros to Mr Spaso Panev with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be converted into Macedonian Denars at the rate applicable on the date of payment, and free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 declaration signed and submitted to the Court by the applicant’s representative, read, inter alia, as follows:
“I, Spaso Panev, the applicant, note that the Government of the former Yugoslav Republic of Macedonia are prepared to pay me ex gratia the sum of 2,200 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ... I accept the proposal and waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy