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Datum rozhodnutí
2.6.2022
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SECOND SECTION

DECISION

Application no. 37800/19
Rada KOCHOVSKA and others against North Macedonia
and 5 other applications

(see appended table)

The European Court of Human Rights (Second Section), sitting on 2 June 2022 as a Committee composed of:

Branko Lubarda, President,
Pauliine Koskelo,
Gilberto Felici, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Danche Chakarovska-Grozdanovska, a lawyer practising in Skopje.

The applicants’ complaints under Article 6 of the Convention concerning the length of bankruptcy proceedings were 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 these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts 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 these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

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 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.

Done in English and notified in writing on 23 June 2022.

Viktoriya Maradudina Branko Lubarda
Acting Deputy Registrar President



APPENDIX

List of applications raising complaints under Article 6 of the Convention

(excessive length of bankruptcy proceedings)

No.

Application no.
Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declarations

Date of receipt of Applicants’ declarations

Amount awarded for non-pecuniary damage and costs and expenses

per applicant

(in euros)[1]

37800/19

10/07/2019

(3 applicants)

Rada KOCHOVSKA

1960

Katerina MASEVSKA

1947

Mile BOZHINOVSKI

1969

Danche Chakarovska-Grozdanovska

Skopje

16/03/2022

11/03/2022

750

7849/20

29/01/2020

(9 applicants)

Spomenka SHTERJOVA

1962

Slavica MITEVSKA

1960

Neda JANKOVSKA

1955

Olgica CHIPLAKOVSKA

1948

Svetlana GJORGJOVSKA

1961

Mile GJORGJIEVSKI

1951

Mirjana ATANASOVSKA

1966

Hristo STOICOV

1944

Katica BLAZHEVSKA

1952

10675/20

13/02/2020

(10 applicants)

Srebra TERZIKJ

1953

Vesa NIKOLOVSKA

1955

Zhivka JAKIMOVSKA

1949

Dragica MLADENOSKA

1953

Mitka STOILKOVSKA

1958

Mirsija DAZDAREVIKJ

1956

Ilina VOLCHESKA

1947

Vera HRISTOVSKA

1951

Evto KRSTESKI

1948

Slavica KRSTESKA

1953

12351/20

28/02/2020

(9 applicants)

Janinka STOJKOSKA

1952

Daile PITARKA

1956

Violeta KUZMANOVSKA

1960

Biljana NIKOLOVSKA

1954

Vera SIMEONOVA

1954

Rushka STANKOVSKA

1952

Bozhana SIMONOVSKA

Blagoja DIMOVSKI

1946

Milko MILADINOVSKI

1962

13225/20

05/03/2020

(8 applicants)

Marija MICKOVSKA

1950

Vrosija CVETANOSKA

1948

Nada ANGJELOVIKJ

1951

Dafinka RADESKA

1952

Verka MARKOVSKA

1956

Ljuba LAZAREVSKA

1957

Lenka PANEVSKA

1952

Zora JANCHEVA

1955

14350/20

10/03/2020

(9 applicants)

Snezhana NICHOVA

1962

Ilinka STAMATOVSKA

1961

Slobodan SAVESKI

1970

Srebra KRSTOSKA

1950

Dragica STAMKOVA

1950

Varka BOZHINOVSKA

1955

Zvonko RISTESKI

1968

Dragi STOJANOVSKI

1960

Aco TRAJKOVSKI

1960


[1] Plus any tax that may be chargeable to the applicants.