FIRST SECTION
DECISION
Application no. 3921/07
Nada ŽUGIK against the former Yugoslav Republic of Macedonia
and 10 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 29 January 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, 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 applicant in the application no. 19122/09 is a company incorporated in the respondent State.
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
No
Application No
Lodged on
Applicant(s) name,
Date(s) of birth
Place(s) of residence/ registration
Represented by
Subject matter
Articles invoked
Friendly settlement declaration signed by the Government on
Friendly settlement signed by the applicant(s) on
Friendly settlement sum (in euros)
3921/07
18/12/2006
Nada ŽUGIK
05/08/1936
Kumanovo
Dimitrija ATANASOVSKI
Civil proceedings for property (tenancy right)
П.бр. 1816/96
Article 6 § 1
Article 13
Article 1 of Protocol No. 1
10/09/2012
03/09/2012
3,800
56459/08
17/11/2008
Aleksandar PETROVSKI
21/09/1963
Bitola
Compensation proceedings
П.бр. 2824/96
Article 6 § 1
Article 13
10/09/2012
26/06/2012
4,000
2312/09
03/01/2009
Vasil MITROV
30/01/1961
Strumica
Marika PANOVA
15/12/1944
Strumica
Anastasija BETINSKA
26/09/1946
Strumica
Sofija MIŠEVA
08/03/1946
Strumica
Ljubica SULEVA
02/08/1958
Strumica
Danica MUKANOVA
Labour proceedings for dismissal
П.бр. 201/03
Article 6 § 1
10/09/2012
29/08/2012
1,300 (each)
7296/09
02/02/2009
Vera TASEVSKA
25/10/1957
Skopje
Zorica IVANOSKA
Labour proceedings for dismissal
П.бр. 4176/98
Article 6 § 1
10/09/2012
16/10/2012
3,900
18300/09
26/03/2009
Kamil KERA
10/10/1940
Skopje
Civil proceedings for property
П.бр. 3134/96
П.бр. 2005/07
Article 6 § 1
Article 1 of Protocol No. 1
10/09/2012
03/09/2012
3,400
19122/09
21/03/2009
A.D. ‘JUGOPROMET’
Strumica
Vančo ŽEŽOV
Civil proceedings for property
П.бр. 231/02
Article 6 § 1
10/09/2012
23/06/2012
1,250
32808/09
11/06/2009
Dimitrije BOŽINOVSKI
11/04/1950
Skopje
Elena IVANOSKA
Civil proceedings for annulment of a contract and compensation of damages
П.бр. 2567/99
П.бр. 2827/99
П.бр. 2252/07
Article 6 § 1
10/09/2012
02/11/2012
2,600
43218/09
30/07/2009
Pano MICEV
18/08/1960
Kavadarci
Lazar JOVANOV
13/04/1949
Kavadarci
Snežana SULEVA
Civil proceedings for exclusion of a shareholder (исклучување на содружник)
Пст.бр. 445/03
Article 6 § 1
10/09/2012
16/07/2012
1,600 (each)
44683/09
14/07/2009
Dragan MITEVSKI
08/03/1949
Kumanovo
Trajče KITANOVSKI
Criminal proceedings
К.бр. 1057/04
Ки.бр. 113/01
Article 6 § 1
10/09/2012
25/06/2012
2,900
65082/09
02/12/2009
Boris JOŠEVSKI
02/07/1954
Bitola
Ivan NOVESKI
Labour proceedings for employment benefits П.бр.1014/2003
Article 6 § 1
10/09/2012
06/09/2012
2,750
15572/10
08/03/2010
Isailo DANILOVSKI
18/10/1946
Skopje
Slavica LEKOVSKA-BOŽINOVSKA
Compensation proceedings (labour)
П.бр. 2858/02
Ро.бр. 142/07
Article 5
Article 6 § 1
10/09/2012
24/08/2012
2,000
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