SECOND SECTION
DECISION
Application no. 53742/21
Y and Z
against North Macedonia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 15 June 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 November 2021,
Having regard to the decision to grant the applicants anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms N. Boshkova, a lawyer practising in Skopje.
The applicants’ complaint under Article 8 of the Convention concerning the breach of their privacy by a private TV station which had published their personal data without their consent was communicated to the Government of North Macedonia (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against North Macedonia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount 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 this amount within the above-mentioned three-month period, the Government undertake 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 payment will constitute the final resolution of the case.
THE LAW
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 application.
In view of the above, it is appropriate 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 6 July 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 8 of the Convention
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage and costs and expenses (in euros)[1]
53742/21
01/11/2021
Y
1984
Z
1988
Natasha
Boshkova
Skopje
19/05/2023
05/05/2023
7,930,
jointly to the applicants
[1] Plus any tax that may be chargeable to the applicants.