FIRST SECTION
DECISION
Application no. 31448/06
Radoslav SPASOVSKI against the former Yugoslav Republic of Macedonia
and 9 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,
Anatoly Kovler,
Mirjana Lazarova Trajkovska, 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
TMarkAppendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
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)
31448/06
25/07/2006
Radoslav SPASOVSKI
01/04/1945
Kumanovo
/
Compensation proceedings
(П.бр.79/2001)
Article 6§ 1
10/09/2012
31/07/2012
4,200
3463/07
11/12/2006
Jaško JAKIMOSKI
28/06/1958
Gostivar
/
Civil and enforcement proceedings concerning annulment of competition for allocation of appartments
(П.бр.1101/94, И.бр.1155/01,
И.бр.056/07)
Articles 5, 6 § 1, 14, 17
Article 1 of Protocol No.1
10/09/2012
23/07/2012
3,400
41185/07
29/08/2007
Snežana ANTEVSKA
21/05/1962
Gostivar
/
Civil proceedings concerning dissolution of marriage and child maintenance (П.бр.792/01, П.бр.1062/04)
Article 6§ 1
10/09/2012
25/07/2012
1,300
30769/08
18/06/2008
Kire JOVANOVSKI
15/09/1935
Kriva Palanka
Ljubica JOVANOVSKA
25/10/1940
Kriva Palanka
Rade ALEKSOVSKI
Property-related dispute
(П.бр.102/97)
Article 6§ 1
Article 1 of Protocol No.1
10/09/2012
22/08/2012
4,050 (jointly)
36610/08
23/07/2008
Vecko TRPKOSKI
25/02/1965
Prilep
Božidar ŠOKOSKI
Compensation claim in relation to commission of a criminal offence (П.бр.913/03)
Article 6§ 1
10/09/2012
26/07/2012
2,000
1921/09
23/12/2008
Jani GRIGOROVSKI
13/08/1939
Skopje
Nane ZUJICA
Criminal proceedings for a crime against security
(КО бр.3455/04, К.бр.5811/07)
Article 6§ 1
10/09/2012
27/07/2012
1,550
43529/09
25/07/2009
Nikola NEŠOVSKI
05/10/1941
Skopje
Snežana ŽERAJIK
Labour-related dispute for annulment of a dismissal
(П.бр. 704/01)
Articles 6 § 1 and 14
10/09/2012
23/07/2012
2,400
14020/10
01/03/2010
Ljuba RISTESKA
10/08/1944
Skopje
Zorica IVANOSKA
Criminal proceedings for false bankruptcy
(К.бр.497/03)
Article 6 § 1
10/09/2012
12/07/2012
2,900
55564/10
17/09/2010
Vladimir ŽIVIK
03/07/1929
s. Matejčе
Milena DUMANOVSKA
Compensation proceedings
(П.бр. 1014/04)
Article 6§ 1
10/09/2012
27/07/2012
1,250
64365/10
15/10/2010
Vlado DIMITROVSKI
04/09/1953
Kičevo
Nikola
SREDOVSKI
Property-related dispute
(П.бр.590/04)
Article 6§ 1 Article 1 of Protocol No.1
10/09/2012
26/07/2012
2,300
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