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

FIRST SECTION

Application no. 13847/11 Pece JANEV against the former Yugoslav Republic of Macedonia and 2 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 15 December 2015 as a Committee composed of:

Päivi Hirvelä, President, Paul Mahoney, Robert Spano, judges,

and André Wampach, Deputy Section Registrar,

Having regard to the above applications lodged on the dates set in the appendix,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

All applicants are Macedonian nationals. The applicants’ personal details are set out in the appendix.

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

The applicants complained under different Articles of the Convention regarding the proceedings described in the appendix. The length complaint was communicated to the respondent Government.

On the dates set out in the appendix, the parties signed friendly settlement declarations, 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 these applications against an undertaking by the Government to pay them the sums set out in the appendix to cover any non-pecuniary damage as well as costs and expenses, which will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums will be payable within three months from the date of notification of the decision taken by the Court. 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 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 cases.

THE LAW

Having regard to the similarity of the main factual and legal issues in the above cases, the Court decides to join the applications.

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 applications. In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 7 January 2016.

André Wampach Päivi Hirvelä Deputy Registrar President

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Subject matter of the proceedings

Friendly settlement declaration signed by the Government on

Friendly settlement declaration signed by the applicant on

Friendly settlement sum (in euros)

13847/11

15/02/2011

Pece JANEV

16/04/1971

Skopje

Compensation proceedings

П.Бр. 5226/07

24 August 2015

1 September 2015

1,900

72402/14

05/11/2014

Vlado UŠLINOVSKI

13/04/1964

Skopje

Administrative proceedings for a one-off social security allowance

24 August 2015

28 August 2015

900

12296/15

05/03/2015

Ramiz SULEMANOVSKI

25/07/1961

Skopje

Compensation proceedings

П.Бр. 2977/10 (П.Бр.131/1999, П.Бр.2186/2007)

24 August 2015

3 September 2015

4,500