Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 42806/05
Blažo MANČEV against the former Yugoslav Republic of Macedonia
and 12 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 27 November 2012 as a Committee composed of:
Elisabeth Steiner, 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
All applicants are Macedonian nationals whose personal details together with the names of their representatives are set out in the appendix.
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 Wampach Elisabeth Steiner
Deputy Registrar President
APPENDIX
No. | Applicant(s) name(s), date(s) of birth and place(s) of residence | Represented by | Application no. | Lodged on | Subject matter | Articles invoked | Friendly settlement declaration signed by the Government on | Friendly settlement declaration signed by the applicant(s) on | Friendly settlement sum (in euros) |
Blažo MANČEV 13/03/1959 Kavadarci | Mančo MANČEV | 42806/05 | 09/11/2005 | Labour dispute (annulment of the applicant’s dismissal) (П.бр. 64/95) | Article 6 § 1 | 11/05/2012 | 11/05/2012 | 4,700 | |
Zorka BALABAN 02/05/1956 Strumica | Snežana GRAMATIKOVA | 2009/06 | 23/12/2005 | Civil proceedings for annulment of a medical expert report (РО бр. 265/91, П/РС.бр. 705/92) | Article 6 § 1 | 11/05/2012 | 10/05/2012 | 4,700 | |
Sonja MARTINOVSKA 08/05/1965 Skopje | Eftim DAČEVSKI | 47593/06 | 13/11/2006 | Labour dispute (annulment of the applicant’s reassignment) (П.бр. 1864/95) | Article 6 § 1 | 11/05/2012 | 11/05/2012 | 5,500 | |
Trajko JOVEV 22/05/1922 Skopje Jordan POPOSKI 08/08/1934 Skopje Katerina VASKOVSKA 25/08/1950 Skopje | / | 16345/07 | 30/03/2007 | Civil proceedings concerning reconstruction of a residential building (ВПП бр.55/96, ВПП бр.62/07) | Article 6 § 1 | 11/05/2012 | 17/05/2012 | 3,800 (jointly to the first and the second applicants) 3,800 (separately to the third applicant) | |
Božica ANTONIEVSKA 07/01/1952 Gostivar Verka PANDEVSKA 30/05/1946 Gostivar | / | 31833/07 | 12/07/2007 | Labour proceedings (payment of salary) (П.бр. 7/2001) | Article 6 § 1 | 11/05/2012 | 10/05/2012 | 2,200 (each) | |
Fanče KUZMANOVSKA Melbourne, Australia | Petraki PINZA | 47308/07 | 13/10/2007 | Determination of title to a house obtained in wedlock (П.бр. 2397/94) | Article 6 § 1, Article 1 of Protocol No.1 | 11/05/2012 | 21/05/2012 | 4,400 | |
Trajan NIKOLOVSKI 10/08/1932 Skopje[1] Katerina NIKOLOVSKA 10/08/1938 Skopje | Vladimir POCEVSKI | 50869/07 | 13/11/2007 | Property-related dispute against the applicants (determination of title to an appartment) (П.бр. 4125/95) | Article 6 § 1 and 3 | 11/05/2012 | 31/05/2012 | 4,000 (jointly) | |
Kristin VASILEVSKA 29/06/1952 Skopje | Dragan SIMONOVSKI | 53454/07 | 23/11/2007 | Property-related dispute (determination of title to an appartment obtained in wedlock) (П.бр. 3872/93) | Article 6 § 1 | 11/05/2012 | 24/05/2012 | 3,800 | |
Svetislav ANASTASOVSKI 11/12/1948 Kumanovo | Milena DUMANOVSKA | 13182/08 | 20/02/2008 | Property-related dispute against the applicant (determination of title to a plot of land, annulment of a court settlement and a purchase agreement) (П.бр. 1790/99) | Article 6 § 1 | 11/05/2012 | 14/05/2012 | 2,900 | |
Marjan DRVOŠANOV 24/10/1954 Strumica | Danica MUKANOVA | 44627/08 | 30/08/2008 | Labour-related dispute (annulment of the applicant’s dismissal) (П/РС бр. 31/01) | Article 6 § 1 | 11/05/2012 | 18/04/2012 | 2,000 | |
Duško MITREVSKI 19/11/1948 Skopje | Vesela DIMOVA | 45453/08 | 10/09/2008 | Labour-related dispute (annulment of the applicant’s dismissal) (П.бр. 1355/99) | Article 6 § 1 | 11/05/2012 | 07/05/2012 | 2,800 | |
Habib RUŠANI 25/12/1966 Bitola Isnija RUŠANI 05/05/1944 Bitola | Ljupčo KOŽOVSKI | 61312/08 | 09/12/2008 | Compensation claim (П.бр. 1208/02, П.бр. 179/10) | Article 6 § 1 | 11/05/2012 | 07/05/2012 | 2,900 (jointly) | |
13. | Goran DIMITRIEVSKI 03/03/1971 Kumanovo | Goran BOGATINOVSKI | 22278/10 | 06/04/2010 | Administrative proceedings for allocation of na appartment (У.бр. 5669/07) | Article 6 § 1, Article 5, Article 6 of Protocol No. 2, Article 1 of Protocol No.12 | 24/04/2012 | 27/06/2012 | 2,600 |
[1] In a letter of 18/05/2012 the Court was informed that the first applicant, Mr. Trajan Nikolovski, died on 07/01/2008 and that Ms. Biljana Ristomanova from Strumica, his daughter, would pursue the application on his behalf.