Stojanovski and Others v. North Macedonia

SECOND SECTION

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.