ARIES GORAN DOOEL IMPORT-EXPORT SKOPJE v. NORTH MACEDONIA

Published on 24 March 2025   SECOND SECTION Application no. 6581/21 ARIES GORAN DOOEL IMPORT-EXPORT SKOPJE against North Macedonia and 10 other applications (see list appended) communicated on 6 March 2025 SUBJECT MATTER OF THE CASE The applications concern non-enforcement of final judgments ordering a municipality (in respect of the application no. 20172/24) and a State-owned enterprise for national roads and motorways (in respect of the remaining applications) to pay the applicants various sums of money. The judgments and decisions in the applicants’ favour were taken on various dates between March 2012 and February 2020. Between March 2008 and April 2023, in proceedings which the above debtors had instituted against their other creditors, several decisions were adopted by the domestic courts with an erga omnes effect towards all their creditors, finding that a final decision against the debtors could be executed only if they had a surplus of assets, exceeding the amount of minimum indispensable assets necessary for the performance of their duties. The amount of indispensable assets was established based on expert reports submitted by the debtors. None of the present applicants were parties to those proceedings. The debtors never reported sufficient assets and, consequently, the judgments and decisions taken in the applicants’ favour remain unenforced. The applicants complain, under Article 6 § 1 of the Convention (except in the application no. 23917/23) and Article 1 of Protocol No. 1 thereto, about the non-enforcement of the final judgments and decisions in their favour, and under Article 13 of the Convention about the lack of an effective remedy to have those judgments and decisions enforced. QUESTIONS TO THE PARTIES 1.  Has there been a breach of Article 6 § 1 of the Convention and/or Article 1 of Protocol No. 1 to the Convention on account of the applicants’ inability to enforce the final judgments and decisions in their favour (see Immobiliare Saffi v. Italy [GC], no. 22774/93, §§ 49 and 74, ECHR 1999-V; Burdov v. Russia, no. 59498/00, §§ 34-38 and 40-42, ECHR 2002-III; Burdov v. Russia (no. 2), no. 33509/04, §§ 65-70, ECHR 2009; and Kuzhelev and Others v. Russia, nos. 64098/09 and 6 others, §§ 109-10, 15 October 2019)?   2.  Did the applicants have at their disposal effective domestic remedies for their complaints under Article 6 of the Convention and/or Article 1 of Protocol No. 1 to the Convention, as required by Article 13 of the Convention (see Burdov (no. 2), cited above, §§ 96-100)?       APPENDIX No. Application no. Case name Lodged on Applicant Year of Birth/Registration Place of Residence/Registration Represented by 1. 6581/21 Aries Goran Dooel import-export Skopje v. North Macedonia 20/01/2021 ARIES GORAN DOOEL IMPORT-EXPORT SKOPJE 2000 Skopje North Macedonia Goran PUTIKJ 2. 51880/21 AB Advent Dooel Skopje v. North Macedonia 15/10/2021 AB ADVENT DOOEL SKOPJE 1991 Skopje North Macedonia Aneta ILIEVSKA 3. 52941/21 Sivas Komerc Aco Dooel import-export Skopje v. North Macedonia 21/10/2021 SIVAS KOMERC ACO DOOEL IMPORT-EXPORT SKOPJE 1995 Skopje North Macedonia Aneta ILIEVSKA 4. 22063/22 Nastova v. North Macedonia 21/04/2022 Cvetanka NASTOVA 1963 Kavadarci North Macedonia Dejan BOGDANOV 5. 41972/22 Rudnici Banjani AD v. North Macedonia 18/08/2022 RUDNICI BANJANI AD 2006 Skopje North Macedonia Dejan BOGDANOV 6. 54069/22 Evrotehna International import-export Skopje v. North Macedonia 16/11/2022 EVROTEHNA INTERNATIONAL IMPORT-EXPORT SKOPJE 2006 Skopje North Macedonia Dejan BOGDANOV 7. 54412/22 Sparkasse Bank AD Skopje v. North Macedonia 16/11/2022 SPARKASSE BANK AD SKOPJE 1993 Skopje North Macedonia Dejan BOGDANOV 8. 23917/23 Jordanov v. North Macedonia 01/06/2023 Dragan JORDANOV 1980 Kochani North Macedonia Zoran GICHEV 9. 36171/23 Atanaskovski and Others v. North Macedonia 19/09/2023 Vlado ATANASKOVSKI 1965 Skopje North Macedonia Maja ANGELOVSKA 1987 Skopje North Macedonia Biljana ATANASOVSKA 1972 Skopje North Macedonia Magdalena KOSTOVSKA 1998 Skopje North Macedonia Daniel KOSTOVSKI 1991 Skopje North Macedonia Kostadin BOGDANOV 10. 37386/23 BIM AD Sveti Nikole v. North Macedonia 04/10/2023 BIM AD SVETI NIKOLE 1964 Sveti Nikole North Macedonia Kostadin BOGDANOV 11. 20172/24 Nikolovski v. North Macedonia 04/07/2024 Nikolcho NIKOLOVSKI 1963 Delchevo North Macedonia Kostadin BOGDANOV