Ilinka NIKOLOVSKA and Others v the former Yugoslav Republic of Macedonia - 22793/07 [2010] ECHR 1603 (21 September 2010)
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no public policy reasons to continue examination, thus striking the cases out of the list.
Source-derived case information.
- Citation
- [2010] ECHR 1603
- Parties
- Applicant: Ilinka Nikolovska and Others; Respondent: the former Yugoslav Republic of Macedonia
- Jurisdiction
- European Union
- Procedural Posture
- European Court of Human Rights Application / Friendly Settlement Decision
- Outcome
- Applications struck out of the list of cases due to friendly settlement.
- Legal Topics
- Length of Civil Proceedings, Unpaid Salary, Pension and Disability Contributions, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ilinka Nikolovska and Others
Applicant
the former Yugoslav Republic of Macedonia
Respondent
Procedural Posture
European Court of Human Rights Application / Friendly Settlement Decision
Legal Issues
- 1 Whether the length of civil proceedings violated Article 6 of the European Convention on Human Rights
- 2 Entitlement to compensation for unpaid salary, pension, and disability contributions
Ratio Decidendi
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no public policy reasons to continue examination, thus striking the cases out of the list.
Court Disposition
Applications struck out of the list of cases due to friendly settlement.
Orders
- Government to pay specified sums to applicants within three months, converted to Macedonian Denars at the applicable rate, free of taxes.
- In case of late payment, simple interest at the marginal lending rate of the European Central Bank plus three percentage points to apply.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Ilinka NIKOLOVSKA and Others v the former Yugoslav Republic of Macedonia - 22793/07 [2010] ECHR 1603 (21 September 2010) URL: https://www.bailii.org/eu/cases/ECHR/2010/1603.html Cite as: [2010] ECHR 1603 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Applications nos. 22793/07, 25173/07, 27009/07, 27140/07, 27162/07, 29672/07, 29705/07, 31130/0 by Ilinka NIKOLOVSKA and Others against the former Yugoslav Republic of Macedonia The European Court of Human Rights (Fifth Section), sitting on 21 September 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 23 March 2010 the Court decided to communicate the applicants' complaint concerning the length of civil proceedings in which they claimed unpaid salary, pension and disability contributions. The essential information as to the domestic proceedings in respect of each application is indicated in Annex II. On 30 April 2010 and 16 June 2010 respectively, 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 will be free of any taxes that may be applicable. This sum would be payable to the personal accounts of the applicants 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. No. Application nos. Non-pecuniary damage as well as costs and expenses to be paid to each of the applicants 1. 22793/07 3,000 euros 2. 25173/07 3,550 euros 3. 27009/07 3,557 euros 4. 27140/07 2,612 euros 5. 27162/07 2,636 euros 6. 29672/07 3,550 euros 7. 29705/07 2,628 euros 8. 31130/07 2,657 euros 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 22793/07 Ms Ilinka Nikolovska Veles 25173/07 Ms Marijonka Skrtova Ms Julijana Jovanovska Ms Nadica Ignatovska Ms Bosilka Gorgieva Ms Marija Stojanovska Ms Evka Todorova Ms Dragica Slavevska Ms Rodna Srebrenovska 1964 1949 1948 1957 27009/07 Ms Lena Andreevska Ms Ljubica Vilarova Ms Mirjanka Pavlovska Ms Suzana Ismailova Ms Olga Lazarovska Ms Mirjana Todorovska Ms Zorka Milanovska 1953 1961 1965 27140/07 Ms Bojana Milenkova Ms Stojna Pavlovska Ms Violeta Pupulieva Ms Aleksandra Bukovska Ms Dragica Koceva Ms Gordana Gorgieva Ms Lence Tocinova Ms Roska Trajkovska Ms Milica Krsteva Ms Ljubenka Velkova Ms Grozda Nanova Ms Liljana Manevska Ms Marika Nikolova Ms Menka Kodzobanova Ms Slobodanka Ignovska Ms Lence Ignova Ms Todora Cvetkova Ms Liljana Mitreva Ms Borjanka Hristova Ms Nada Rizovska Ms Cvetanka Gorgievic Ms Snezana Smileva Ms Bojanka Stoeva Ms Acka Dimova Ms Todorka Josifovska Ms Zora Kuzmanova Ms Vasilina Krsteva Ms Darinka Karakoleva Ms Violeta Ilkova Ms Nada Trajkova Ms Vesna Lazevska Ms Gordana Nestorova Ms Milica Petruseva 1960 1963 1960 1959 1958 1950 1950 1955 1950 1962 1959 1958 1949 1957 1945 1955 27162/07 Ms Vera Durceva Ms Ubavka Josifovska Ms Olga Kostovska Ms Cveta Mijova Ms Marika Ilieva Ms Slavica Soleva Ms Snezana Dimovska Ms Zora Dimovska Ms Ruzica Angelkovska Ms Sloboda Apostolovska Ms Spaska Causovska 1962 1953 1949 1955 1952 Veles 29672/07 Ms Maruska Damjanovska Ms Dobrinka Dimitrovska Ms Velika Stojanovska Ms Liljana Strahinic Ms Vase Manevska Sazdovska Ms Vojdana Todorova Ms Liljana Davceva Ms Nikolina Dimovska 1953 1959 1953 1952 29705/07 Ms Sneza Atanasova Ms Gorica Acevska Ms Marika Nastova Ms Sranika Bozinovska Ms Lidija Velickovska Ms Mirjana Koceva Ms Vesna Stojanova Ms Natka Vasileva Ms Rosa Temelkova Ms Petrana Todorovski Ms Trajanka Trajkovska Ms Vera Macavelova Ms Nikolina Atanasova Ms Marika Apostolovska 1965 1956 1958 1950 1958 1963 1955 31130/07 Ms Silvana Nastova Ms Stojna Simonova Ms Gordana Joldasova Ms Rumena Jordanova Ms Cveta Stanceva Ms Zora Ristovska Ms Roska Andonovska 1948 1947 1947 ANNEX II No. Appl. Nos. Date of lodging the application with the Court Court proceedings initiated on Subject matter Final decision . 22793/07 23 May 2007 February 1997 Compensation of pension and disability contributions 30 November 2. 25173/07 28 May 2007 18 December Compensation of unpaid salary and pension and disability contributions 7 December 3. 27009/07 6 June 2007 7 February 4. 27140/07 28 May 2007 16 January 14 December 2006 (served on 9 January 2007) 5. 27162/07 31 May 2007 December 1996 25 January 6. 29672/07 22 June 2007 1 February 7. 29705/07 22 June 2007 10 August 15 February 8. 31130/07 12 July 2007 10 September 18 January 2007 (served on 1 February 2007) BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2010/1603.html