FIFTH SECTION
DECISION
Suzana RISTOVA and
others
against the former Yugoslav Republic of
Macedonia
(Applications nos. 27254/07, 27722/07,
29415/07, 29451/07, 29653/07, 31204/07)
The European Court of Human Rights (Fifth Section), sitting on 16 November 2010 as a Committee composed of:
Rait
Maruste,
President,
Mirjana
Lazarova Trajkovska,
Zdravka
Kalaydjieva,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above applications,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
All applicants are Macedonian nationals. Their personal details are listed in the Annex I. They are all represented before the Court by Mr B. Grozdanovski, a lawyer practising in Skopje. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska.
On 22 April 2010 the Court decided to communicate the applicants’ complaint concerning the length of civil proceedings in which they claimed work-related allowances. The essential information as to the domestic proceedings in respect of each application is indicated in Annex II.
On 4 June 2010 and 30 August 2010 respectively, and on 22 July 2010 only in respect of application no. 31204/07, the Court received friendly settlement declarations signed by the parties 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 the applications against an undertaking by the Government to pay each of them the amounts specified in the table below to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Macedonian Denars at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. This sum would be payable to the personal accounts of the applicants within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 would constitute the final resolution of the case.
1. |
27254/07 |
3,550 euros |
2. |
27722/07 |
3,550 euros |
3. |
29415/07 |
3,600 euros |
4. |
29451/07 |
2,620 euros |
5. |
29653/07 |
4,440 euros |
6. |
31204/07 |
4,460 euros (to the first, second, third and fourth applicant) |
3,560 euros (to the fifth and sixth applicant) |
THE LAW
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 public policy reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to strike the applications out of its list of cases.
Stephen Phillips Rait Maruste
Deputy Registrar President
ANNEX I
Application number(s) |
Applicant(s) |
Date of Birth
|
Place of Residence |
27254/07 |
Ms Suzana Ristova Mr Marijan Abrasev Ms Trajana Panova Ms Mirjana Pesankova Ms Menka Janevska Ms Nevenka Atanasovska Ms Vesna Malezanova Ms Zora Petrovska |
1961 1967 1955 1961 1956 1963 1959 1956 |
Veles |
27722/07 |
Ms Cveta Ordeva Ms Borjanka Ilieva Ms Suzana Ristova Ms Milka Markova Ms Gjulfera Demirova Ms Bogdanka Cvetkovska Ms Gjurgja Pesova |
1940 1951 1961 1948 1954 1960 1955 |
Veles |
Ms Todorka Brankovik |
1965 |
Colosevo village |
|
29415/07 |
Ms Stojna Ivanova Ms Velika Jovanova Ms Dobrica Stojanovska Ms Rodna Andovska |
1961 1961 1942 1954 |
Veles |
29451/07 |
Ms Snezana Paunova Ms Marika Dimcevska Ms Atidze Asanova Ms Gordana Andreeva Ms Blaguna Mitevska Ms Jagoda Stojkovska Ms Biljana Trimanova Ms Liljana Dimovska Ms Angja Gjurcinovska Ms Magdalena Jovanovska Ms Slavica Vidoska Ms Svetla Dimova Ms Biljana Ivanova Ms Spasija Cokova Ms Kaliopa Nakinova Ms Mirka Vasileva Ms Vaska Gogova Ms Vasilka Panova Ms Suzana Terzieva (Andova) Ms Marija Mirova Ms Karolina Pavlovska Ms Vera Petrova |
1952 1958 1956 1954 1952 1959 1952 1959 1967 1969 1955 1956 1963 1945 1953 1958 1956 1957 1966
1961 1968 1967 |
Veles |
29653/07 |
Ms Menka Trajkova Ms Liljana Soleva Ms Grozda Stevanovska Ms Nada Trajkova Ms Dilbera Dimova Ms Slavica Stefanovska Ms Snezana Angelova Ms Mukades Demirova Ms Liljana Kocovska Ms Cveta Dimova |
1944 1946 1957 1945 1945 1962 1963 1962 1961 1948
|
Veles |
31204/07 |
Ms Marija Jovanovska (“the first applicant”) Ms Lence Zdravkin (“the second applicant”) Ms Ubavka Jovanovska (“the third applicant”) Ms Nadezda Cabovska (“the fourth applicant”) Ms Milka Ilkovska (“the fifth applicant”) Ms Desanka Trikik (“the sixth applicant”) |
1963 1967 1962 1965 1957 1953 |
Veles |
ANNEX II
No. |
Appl. Nos. |
Date of lodging the application with the Court |
Court proceedings initiated on |
Subject matter |
Final decision |
1. |
27254/07 |
31 May 2007 |
18 December 1996 |
Compensation for unpaid salary and pension and disability contributions |
14 February 2007 |
2. |
27722/07 |
29 May 2007 |
27 February 1997 |
Compensation for unpaid salary and pension and disability contributions |
18 January 2007 |
3. |
29415/07 |
22 June 2007 |
27 February 1997 |
Compensation for pension and disability contributions |
1 February 2007 |
4. |
29451/07 |
22 June 2007 |
16 January 1997 |
Compensation for pension and disability contributions |
15 February 2007 |
5. |
29653/07 |
25 June 2007 |
27 February 1997 |
Compensation for pension and disability contributions |
28 February 2007 |
6. |
31204/07 |
17 July 2007 |
1997 |
Compensation for unpaid salary and pension and disability contributions |
7 March 2007 (served on 11 April 2007) |
16 January 1997 |
14 December 2006 |