Antonievska and Others v. "the Former Yugoslav Republic of Macedonia"

FIRST SECTION

Application no. 41050/06 Božica ANTONIEVSKA and others against the former Yugoslav Republic of Macedonia

The European Court of Human Rights (First Section), sitting on 17 September 2013 as a Committee composed of:

Khanlar Hajiyev, President , Erik Møse, Dmitry Dedov, and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 15 September 2006,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix. The applicants are all Macedonian nationals and, unless specified otherwise in the appendix, live or lived in Gostivar or its vicinity. After lodging the application, some of the applicants deceased and their heirs, as specified in the appendix, expressed the intention to pursue the application on their behalf.

The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.

The applicants complained under Articles 6 § 1, Article 13 and Article 14 of the Convention about their labour proceedings for unpaid employment-related benefits. The application was communicated to the Government in respect of the length of proceedings.

Between 21 May and 28 November 2012 the Court received friendly settlement declarations signed by the parties under which the applicants (or their heirs) 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 900 euros to cover any non-pecuniary damage as well as costs and expenses. The amounts will be converted into the national currency at the rate applicable on the date of payment and would be free of any taxes that may be applicable. It will be payable 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 will 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 reasons to justify a 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 39 of the Convention.

André Wampach Khanlar Hajiyev Deputy Registrar President

Appendix

N o .

First name

LAST NAME

Birth year

Remarks

Lokman ADILI

1958

Adil ADILI

1948

Božica ANTONIEVSKA

1952

Slavica APOSTOLOSKA

1957

Slave APOSTOLOSKI

1953

Angelina ARSESKA

1952

Pavle ARSESKI

1955

Elena AVRAMOSKA

1941

Nevzat BAJRAMI

1943

Pavlina BARUTOSKA

1941

Liljana BIBOSKA

1946

Bogdan BOGDANOSKI

1955

Dulfa BOŽINOSKA

1953

Slavka BOŽINOSKA

1949

Nadica BUNDALESKA

1951

Džumaledin CAKO

1949

Borka CVETKOVSKA

1947

Gjurgja DABESKA

1955

Trpana DAMJANISKA

1960

Muradije DEARI

1958

Zivka DIMITRIESKA

1955

Vaska DIMOSKA

1952

Abduldzemail DŽEMAILI

1939

Vaska EFTOSKA

1963

Mejdin ELMAZI

1946

After the applicant’s death, the application was pursued on his behalf by his son, Mr Dzevat ELMAZI

Adem FEJZI

1940

Ahmet FEJZULI

1944

Imran FERATI

1947

After the applicant’s death, the application was pursued on his behalf by his son, Mr Hadis FERATI

Zulbear FETAI

1949

Adi GANIU

1945

Velko GAVRILOSKI

1954

Vesna GEGOSKA

1957

Liljana GERIK

1949

Vesela GRUESKA

1956

Petko GRUJOSKI

1937

Vesna GRUPČE

1960

Samedin HAMZA

1961

Rasim HASANI

1947

Ferit HUSEINI

1945

After the applicant’s death, the application was pursued on his behalf by his nephew, Mr Dani Huseini

Agim HUSEINI

1962

Abdulbari IDRIZI

1944

Fadil IDRIZI

1967

Gazmen IDRIZI

1971

Slavica ILKOSKA

1956

Lahir ISMAILI

1939

Svetlana JAČESKA

1962

Remzi JAKUPI

1947

Imer JAŠARI

1940

Pavlina JONĆESKA

1949

Grozda JOVANOSKA

1957

Liljana JOVANOSKA

1950

Dragiša JOVANOSKI

1969

Nasir JUSUFI

1951

Enver JUSUFI

1942

After the applicant’s death, the application was pursued on his behalf by his brother, Mr Gajur JUSUFI

Gjulsime KALGURI

1958

Seare KALGURI

1952

Abduladi KAMBERI

1939

Nazmije KAMBERI

1954

Džahit KARADŽA

1942

Nuri KARADŽA

1949

Vukica KARANFILOSKA

1954

Ismailaki KOC

1950

After the applicant’s death, the application was pursued on his behalf by his wife, Ms Mevlude KOC

Branka KOSTADINOVIK

1948

Canislav KOSTOSKI

1950

Borka KRAJĆEVSKA

1957

Bekir KREĆI

1938

Marija KUZMANOSKA

1958

Roska KUZMANOSKA

1945

Dimitrija LULKOSKI

1967

Golube MAKSIMOSKI

1940

Slavka MANASIESKA

1954

Slagjana MANASIESKA

1967

Jelica MARKOVSKA

1946

Zvezda MATESKA

1951

Voislav MATESKI

1952

Nijazija MEHMETI

1956

Dusica MIRIK

1955

The applicant lives in Niš, Serbia

Nada MITESKA

1952

The applicant lives in Negotino

Jelisaveta NAUMOSKA

1969

Nadica NIKOLOSKA

1944

Boban NIKOLOSKI

1968

Nadica OGNJANOSKA

1958

Liljana ONOSIMOSKA

1954

Abdulahamit OSMANI

1958

Fikri PAJAZITI

1950

Verka PANDEVSKA

1946

Stojna PETRESKA

1946

Slobodan PETRESKI

1946

Dimitrija POPOSKI

1943

Pero RADIČESKI

1937

Kirko RADIČESKI

1949

Gore RADIČESKI

1942

Jovan RADIČEVSKI

1966

Keramedin REČANI

1941

Dimka RISTESKA

1949

Risto RISTOSKI

1938

Umrli ŠAINI

1949

Ugrin ŠARESKI

1964

Asmet SELIMI

1962

Ivanka SERAFIMOSKA

1949

Ljube SERAFIMOSKI

1937

Simon SIMONOSKI

1933

Svetlana STEFANOSKA

1960

Rajna STEFANOSKA

1949

Jovanka STEPANOSKA

1962

Mirjana STRASEVSKA

1955

Jelka STREZOSKA

1959

Ismet TAIRI

1946

The applicant died and the application on his behalf was pursued by his wife, Ms Hadime Tahiri

Vaska TOFILOSKA

1960

Ilija TRIFUNOSKI

1973

Ivanka TRPESKA

1951

Dime TRPESKI

1947

Harun VEJSELI

1951

Zorka VELJANOSKA

1944

Kosto VELJANOSKI

1954

Angele VELJANOSKI

1953

Dime VELJANOSKI

1937

Muzafer ZEKIRI

1963