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.