FIFTH SECTION
DECISION
AS TO THE ADMISSIBILITY OF
Application no. 24136/05
by Mladen and Duško TOPUZOVI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (Fifth Section), sitting on 18 January 2011 as a Committee composed of:
Zdravka Kalaydjieva, President,
Mirjana Lazarova Trajkovska,
Julia Laffranque, judges
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 20 June 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Mladen Topuzov (“the first applicant”) and Mr Duško Topuzov (“the second applicant”), Macedonian nationals who were born in 1937 and 1961 respectively and live in Skopje. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
COMPLAINTS
The applicants complained under Article 6 of the Convention about the length of two sets of civil proceedings. Relying on the same provision they further alleged errors in facts and law. The applicants also complained under Article 8 of the Convention in respect of civil and administrative proceedings.
THE LAW
1. The applicants complained about two sets of civil proceedings and about administrative proceedings. On 7 January 2010 the Court decided to communicate the complaint concerning the length of one set of civil proceedings to which only the first applicant was a party. The proceedings began in 1994 and ended on 10 February 2005 (date of service).
On 12 February 2010 and 14 April 2010 the Court received friendly settlement declarations signed by the parties under which the first applicant agreed to waive any further claims against the former Yugoslav Republic of Macedonia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,700 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Macedonian Denars at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would be payable to the personal account of the applicant 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 undertook 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 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 this part of the application (Article 37 § 1 in fine of the Convention).
2. The applicants further complained under Articles 6 and 8 of the Convention.
The Court has examined the remainder of the complaints as submitted by the applicants. However, having regard to all the material in its possession, and in so far as the matters complained of are within its competence, the Court finds that the applicants have failed to substantiate their complaints. It follows that this part of the application must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court unanimously
Decides to strike the part of the application referring to the lengthy proceedings to which the first applicant was a party out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Declares the remainder of the application inadmissible.
Stephen PhillipsZdravka Kalaydjieva Deputy Registrar President
Full & Egal Universal Law Academy