European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/736.html
Cite as: [2011] ECHR 736
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FIRST SECTION
DECISION
Application no.
29493/05
by Enver VILA and Others
against the former Yugoslav
Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 12 April 2011 as a Committee composed of:
Anatoly Kovler, President,
George
Nicolaou,
Mirjana Lazarova Trajkovska,
and André Wampach,
Deputy Section Registrar,
Having regard to the above application lodged on 26 July 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Mr Enver Vila, Mr Sami Dzini and Mr Idrizi Baftijari indicated that they were nationals and permanent residents of Kosovo.1 They were represented before the Court by Ms M. Kecman, a lawyer practising in Skopje. The Macedonian Government were represented by their Agent, Mrs R. Lazareska Gerovska.
On 9 July 2009 the Court decided to communicate the applicants’ complaint concerning the length of civil proceedings in which the applicants claimed annulment of their dismissals and requested to be reinstated. The proceedings began in 1994 and ended on 28 January 2005 (the date of service).
On 13 October 2009 and 21 February 2011 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 this application against an undertaking by the Government to pay each of them 2,300 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into domestic currency at the rate applicable on the date of payment, and 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.
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 application (Article 37 § 1 in fine of the Convention).
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.
André Wampach Anatoly Kovler
Deputy Registrar President
1All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo