KOCESKI A OSTATNÍ proti Severní Makedonii

FIRST SECTION

DECISION

Application no. 20418/07
Dimko KOCESKI against the former Yugoslav Republic of Macedonia
and 5 other applications
(see list appended)

The European Court of Human Rights (First Section), sitting on 1 April 2014 as a Committee composed of:

Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, 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

The applicants are Macedonian nationals. A list of the applicants and their representatives is set out in the appendix.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

Relying on different Articles of the Convention, the applicants complained about various proceedings set out in the appendix. The applications were communicated to the Government under Article 6 in respect of the length of proceedings.

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 Wampach Paulo Pinto de Albuquerque
Deputy Registrar President

Appendix