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CEDH, Cour (Deuxième Section Comité), STOJANOVSKI AND OTHERS v. NORTH MACEDONIA, 23 novembre 2023, 32079/22

En anglais

Synthèse

  • Juridiction : CEDH
  • Numéro de pourvoi :
    32079/22
  • Dispositif : Struck out of the list
  • Date d'introduction : 1 juillet 2022
  • Importance : Faible
  • État défendeur : Macédoine du Nord
  • Identifiant européen :
    ECLI:CE:ECHR:2023:1123DEC003207922
  • Lien HUDOC :https://hudoc.echr.coe.int/fre?i=001-229832
  • Avocat(s) : CHAKAROVSKA-GROZDANOVSKA D.
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Résumé

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Texte intégral

SECOND SECTION DECISION Application no. 32079/22 Aco STOJANOVSKI and Others against North Macedonia (see appended table) The European Court of Human Rights (Second Section), sitting on 23 November 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 22 June 2022, 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 D. Chakarovska-Grozdanovska, a lawyer practising in Skopje. The applicants' complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Government of North Macedonia ("the Government"). The Court received the friendly-settlement declarations, signed by the parties, save for Mr Bihorac, 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 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 case. On 14 June 2023 the applicants' representative informed the Registry that Mr Bihorac wanted to withdraw his application before the Court since he was no longer interested in pursuing it.

THE LAW

The Court takes note of the friendly settlement reached between the parties, who duly signed the declarations. 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 lodged by the applicants, with the exception of Mr Bihorac. As regards Mr Bihorac and his request to withdraw the application, the Court concludes that he may be regarded as no longer wishing to pursue it (Article 37 § 1 (a) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and the Protocols thereto which require the 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 37 § 1 in respect of Mr Bihorac, and in accordance with Article 39 of the Convention in respect of the remaining applicants. Done in English and notified in writing on 14 December 2023. Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President APPENDIX Application raising complaints under Article 6 § 1 of the Convention (excessive length of civil proceedings) Application no. Date of introduction Applicant's name Year of birth Date of receipt of Government's declaration Date of receipt of Applicant's declaration Amount awarded for non-pecuniary damage per applicant, save for Mr Bihorac (in euros)[1] Amount awarded for costs and expenses per application, excluding Mr Bihorac (in euros)[2] 32079/22 22/06/2022 Aco STOJANOVSKI 1969 Jane BOZHINOV 1961 Vulnet DEMIR 1957 Boris GJUROSKI 1941 Milcho HRISTOV 1941 Sande ILIEV 1950 Lenche ILIEVA 1954 Rajna JAGODIKJ 1944 Sinan JAHIU 1954 Dragi JANKOV 1968 Zhaklina JANKOVA 1970 Erko JASHAROVSKI 1963 Miroslav KRSTOVSKI 1940 Оlga LAZARESKA 1951 Goce MILADINOVSKI 1953 Ljubica NIKOLOVA 1951 Stojmir PENEV 1950 Daniela SAPUNDJIEVA 1964 Rade SLAVKOVIKJ 1954 Svetlana TUDJAROVA 1951 Pavlina VELKOVA 1958 21/07/2023 14/06/2023 300 250 Jovica MILKOVSKI 1963 200 Fazlija BIHORAC 1938 - - [1] Plus any tax that may be chargeable to the applicants. [2] Plus any tax that may be chargeable to the applicants.

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