European Court of Human Rights

Resolution CM/ResDH(2009)113¹

Execution of the judgment of the European Court of Human Rights

Janeva case against “the former Yugoslav Republic of Macedonia”

(Application No. 58185/00, judgment of 03/10/2002, final on 03/10/2002, strike out)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the admissible complaint in this case concerned the excessive length of proceedings concerning civil rights and obligations before labour courts (complaint under Article 6, paragraph 1);

Recalling that by a letter of 17 April 2002, the government of the respondent state informed the Court of its unilateral declaration, by which it offered the applicant 77 000 EUR as compensation for pecuniary and non-pecuniary damage and for costs and expenses;

Whereas in its judgment the Court decided, unanimously, to strike the case out of the list since the requirements for the application of Article 37 paragraph 1 (c) of the Convention were met in the present case, and that no other particular consideration related to respect for the human rights guaranteed in the Convention, justified pursuit of the application under Article 37, paragraph 1 in fine;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment, having regard to its obligation under Article 46, paragraph 1, of the Convention to abide by it;

Having satisfied itself that on 10 February 2003, the government of the respondent state paid the applicant the sums proposed in the government’s letter of 17 April 2002;

Having examined the information supplied by the government of “the former Yugoslav Republic of Macedonia”,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in this case and

DECIDES to close its examination.