CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 6 mai 2014

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The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov. The applicants complained under different Articles of the Convention with respect to different types of proceedings, as set out in the appendix. The applications, in respect of the length of the proceedings, were communicated to the Government. THE LAW Having regard to the similarity of the main issue under the Convention, the Court decides to join the applications listed in the appendix and consider them in a single decision. After failing to reach a friendly settlement, by letters of different dates set out in the appendix, the respondent Government informed the Court that they proposed to make unilateral declarations with a view to resolving the issue in respect of the length of the proceedings. They further requested the Court to strike out the applications in accordance with Article 37 of the Convention. The declaration provided as follows: “... the Government would hereby like to express – by a way of unilateral declaration – its acknowledgement that in the special circumstances of the present case, did not fulfill the requirements of the applicants rights protected by Article 6 § 1 of the Convention.   Consequently, the Government is prepared to pay the [global] sum of [as specified in the appendix for each separate application] euros to [the applicant name]. In its view, this amount would constitute adequate redress and sufficient compensation for the violation of Article 6 § 1 of the Convention that the domestic proceedings lasted unreasonably long, and thus a reasonable sum as to quantum in the present case in the light of the Court’s case law.   This sum is to cover any pecuniary and non-pecuniary damage, as well as the costs and expenses, and will be free of any taxes that may be applicable. This sum will be payable to the personal account of the applicant within three months from the date of the notification of the Court decision pursuant to Article 37   § 1 (c) of the Convention ... In the light of the above and in accordance with Article 37 § 1 (c) of the Convention, the Government would like to suggest that the circumstances of the present case allow the Court to reach the conclusion that for “any other reason” it is no longer justified to continue the examination of the application. Moreover, there are no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the further examination of the case by virtue of that provision. Therefore, the Government invites the Court to strike the application out of its list of cases. ” With letters sent between 26 July 2013 and 1 February 2014 the applicants in the applications nos. 418/10, 34531/09, 48060/10, 34474/11, 56404/11, 62520/10, 40784/10 and 58916/11 indicated that they were not satisfied with the terms of the unilateral declarations. The applicants in the application no. 5006/09 did not comment on the unilateral declaration submitted in that case. The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article   37 §   1   (c) enables the Court in particular to strike a case out of its list if: “for any other reason established by the Court, it is no longer justified to continue the examination of the applications”. It also recalls that in certain circumstances, it may strike out an applications under Article 37 § 1(c) on the basis of a unilateral declaration by a respondent Government even if the applicants wish the examination of the cases to be continued. To this end, the Court will examine carefully the declaration in the light of the principles established in its case-law, in particular the Tahsin Acar judgment ( Tahsin Acar v.   Turkey , [GC], no.   26307/95, §§ 75-77, ECHR   2003-VI); WAZA Spółka z o.o. v. Poland (dec.) no. 11602/02, 26   June   2007; and Sulwińska v. Poland (dec.) no. 28953/03). The Court has established in a number of cases, including those brought against the respondent State, its practice concerning complaints about the violation of Article 6 § 1 about one’s right to a hearing within a reasonable time (see Petkovski v. the former Yugoslav Republic of Macedonia , no.   27314/04, 13   November 2008; Ajvazi v. the former Yugoslav Republic of Macedonia , no.   30956/05, 13   November 2008, Frydlender v.   France [GC], no.   30979/96, § 43, ECHR 2000-VII; Cocchiarella v.   Italy [GC], no.   64886/01, §§ 69-98, ECHR 2006; Majewski v.   Poland , no.   52690/99, 11   October 2005; and Wende and Kukówka v.   Poland , no.   56026/00, 10   May 2007). Having regard to the nature of the admissions contained in the Government’s declarations, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of these parts of the applications (Article 37 § 1(c)). Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of these parts of the applications (Article 37 § 1 in fine ). The Court considers that these amounts should be converted into the national currency of the respondent State at the rate applicable at the date of payment and paid within three months from the date of notification of the Court’s decision issued in accordance with Article 37 § 1 of the European Convention on Human Rights. In the event of failure to settle within this period, simple interest shall be payable on the amounts in question at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points. Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article   37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4   March 2008). In view of the above, it is appropriate to strike the cases out of the list in the part concerning the complaints about the length of proceedings. The applicants also raised additional complaints with reference to various Articles of the Convention and its Protocols. Having regard to all the evidence in its possession, and in so far as it has jurisdiction to examine the allegations, the Court has not found any appearance of a breach of the rights and freedoms guaranteed by the Convention or its Protocols. It follows that the remainder of the applications is manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention. For these reasons, the Court unanimously Decides to join the applications; Takes note of the terms of the respondent Government’s declaration concerning the applicants’ length complaints under Article 6 § 1 and of the modalities for ensuring compliance with the undertakings referred to therein; Decides to strike a part of the applications regarding the length complaint out of its list of cases in accordance with Article 37 § 1 (c) of the Convention. Declares the remainder of the applications inadmissible. André Wampach   Paulo Pinto de Albuquerque Deputy Registrar   President     Appendix   No Application No Lodged on Applicant Date of birth Place of residence Represented by Subject matter (domestic proceedings no.) Articles invoked Date of the Government’s unilateral declaration Amount awarded (in euros)   5006/09 20/01/2009 Ljubenka KOSTOVA 08/02/1956 Veles   Elza RUSEVA 14/02/1957 Veles   Anica SARAGINOVA 15/10/1968 Veles   Dragan POPOVSKI Civil proceedings for annulment of dismissal decisions П бр. 1653/03 Article 6 Article 13 17 June 2013 513 each   34531/09 18/06/2009 MARLEKS DOO Skopje   Svetozar RISTESKI Civil proceedings for compensation of damages П бр. 820/98 Article 6 Article 8 Article 13 Article 1 of Protocol No. 1   14 June 2013 3,060   418/10 24/12/2009 Nace GRUEVSKI 20/02/1940 Skopje   Tanja GRUEVSKA 23/08/1950 Skopje     Civil and enforcement proceedings for annulment of a dismissal decision П бр. 3711/02 И бр. 181/08 Article 6 Article 13 Article 1 of Protocol No. 1 14 June 2013 1,323 each   40784/10 28/06/2010 Zoran ATANASOV Kavadarci   Blage MILOŠEVSKI Civil proceedings for compensation of damages П бр. 545/07 (Мал П бр. 49/03, Мал П бр. 72/2001) Article 6 Article 13 Article 1 of Protocol No. 1 4 October 2013 2,880   48060/10 11/08/2010 Gligor ILIEVSKI 12/09/1944 Skopje   Mirka ILIEVSKA 26/07/1943 Skopje   Rade ALEKSOVSKI Civil proceedings for annulment of a contract П бр. 2703/02 Article 6 3 June 2013 1,530 jointly   62520/10 19/10/2010 Fadil HALJITI 01/03/1958 Tetovo     Civil proceedings for compensation of damages and payment of salary РO. бр. 621/07 Article 3 Article 6 Article 14 Article 1 of Protocol No. 12 25 July 2013 765   34474/11 23/05/2011 Milka PROKOPIEVA 19/01/1951 Skopje     Civil proceedings for annulment of a contract П бр. 4126/05 (XXXI 6167/07, XXXI 1318/10) Article 6 Article 13 Article 1 of Protocol No. 1 8 July 2013 1,440   56404/11 27/08/2011 Asen DINEV 30/06/1960 Strumica     Civil proceedings for debt П. бр. 1169/04 Article 6 12 July 2013 1,170   58916/11 14/09/2011 Momčilo ALEKSOVSKI 04/11/1956 Kriva Palanka   Valentina TODOROVSKA Administrative proceedings for building permit Бр. 16-512/02 У бр. 2018/2008 Article 6 Article 13 Article 1 of Protocol No. 1 25 November 2013 1,395