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FIFTH
SECTION
CASE OF LESNINA VELETRGOVINA DOO v. THE FORMER YUGOSLAV REPUBLIC
OF MACEDONIA
(Application
no. 37619/04)
JUDGMENT
STRASBOURG
14 October
2010
This
judgment is final but it may be subject to editorial revision.
In the case of Lesnina Veletrgovina Doo v. the former Yugoslav
Republic of Macedonia,
The
European Court of Human Rights (Fifth Section), sitting as a
Committee composed of:
Rait Maruste, President,
Mirjana
Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and
Stephen Phillips,
Deputy Section Registrar,
Having deliberated in private on 21
September 2010,
Delivers
the following judgment, which was adopted on that date:
PROCEDURE
- The
case originated in an application (no. 37619/04) against the former
Yugoslav Republic of Macedonia lodged with the Court under Article 34
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (“the Convention”) by a company, Lesnina
Veletrgovina Doo (“the applicant company”) incorporated
in Ljubljana, Slovenia, on 8 October 2004.
- The
applicant company was represented by Mr M. Popeski, a lawyer
practising in Ohrid. The Macedonian Government (“the
Government”) are represented by their Agent, Mrs R. Lazareska
Gerovska.
- On
10 June 2009 the President of the Fifth
Section decided to give notice of the application to the Government.
On 2 March 2010 the Court rejected the Government’s objection
concerning an abuse of friendly settlement proceedings and declared
the application admissible. On 12 April 2010 and 24 July 2010,
respectively, the parties confirmed that they were still
willing to settle the case on the basis of the signed friendly
settlement declarations. In accordance with Protocol No. 14,
the application is assigned to a Committee of three Judges.
THE LAW
- On
23 April and 6 May 1992 respectively, the applicant company
instituted proceedings for enforcement of three final judgments given
in its favour against private debtors. On 25 and 27 May 1992
respectively, the then Skopje District Commercial Court granted two
of the enforcement requests ordering the debtors to pay the debt. The
enforcement request of 23 April 1992 remained undecided. The
judgments remain unenforced to date.
- On 14 September 2009 and 15 September 2009 the Court
received friendly settlement declarations signed by the parties under
which the applicant company 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 it 7,000 euros 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 free of any
taxes that may be applicable. This sum would be payable to the
personal account of the applicant company 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
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 or its Protocols (Article
37 § 1 in fine of the Convention and Rule 62 § 3 of
the Rules of Court).
- Accordingly,
the case should be struck out of the list.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Decides to strike the application out of its list of cases;
Done in English, and notified in writing on 14 October 2010, pursuant
to Rule 77 §§ 2 and 3 of the Rules of Court.
Stephen Phillips Rait Maruste
Deputy Registrar President
