SECOND SECTION
CASE OF ZHEZHOVSKI v. NORTH MACEDONIA
(Application no. 52572/18)
 
 
 
 
JUDGMENT
 
STRASBOURG
6 February 2024
 
This judgment is final but it may be subject to editorial revision. In the case of Zhezhovski v. North Macedonia,
The European Court of Human Rights (Second Section), sitting as a Committee composed of:
 Lorraine Schembri Orland, President,
 Jovan Ilievski,
 Diana Sârcu, judges,
and Dorothee von Arnim, Deputy Section Registrar,
Having regard to:
the application (no. 52572/18) against the Republic of North Macedonia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 1 November 2018 by a Macedonian/citizen of North Macedonia, Mr Mitko Zhezhovski, who was born in 1960 and lives in Bitola (“the applicant”), and who was represented by Mr S. Angeleski, a lawyer practising in Skopje;
the decision to give notice of the complaint concerning the alleged arbitrariness of the domestic courts’ decisions in counter-enforcement proceedings to the Government of North Macedonia (“the Government”), represented by their Agent, Ms D. Djonova, and to declare the remainder of the application inadmissible;
the parties’ observations;
Having deliberated in private on 16 January 2024,
Delivers the following judgment, which was adopted on that date:
SUBJECT MATTER OF THE CASE
1. The case concerns the alleged arbitrariness of the domestic courts’ decisions in proceedings for counter-enforcement (противизвршување), in violation of Article 6 of the Convention. 2. On 7 November 2013 the Bitola Court of First Instance (“the first-instance court”) ordered the applicant to pay costs to the respondent. That order was enforced (“the enforced decision”). In June 2017 the finality clause (клаузула за правосилност) in respect of the enforced decision was quashed with final effect, resulting in the decision becoming amenable to appeal. On 17 October 2017 the Bitola Court of Appeal (“the appellate court”) quashed the enforced decision. 3. While the above-mentioned proceedings were still ongoing, the applicant lodged a claim for counter-enforcement against the respondent, seeking reimbursement of the amount paid. On 4 November 2017, following remittal, the applicant sent the first-instance court a copy of the appellate court’s decision of 17 October 2017 (see paragraph 2 above), which was received by the first-instance court on 6 November 2017 (as confirmed by that court in writing). On 22 January 2018, following another remittal, the first-instance court partly granted the applicant’s claim, given that the finality clause of the enforced decision had been quashed. On 20 April 2018 the appellate court overturned the decision of 22 January 2018 and dismissed the applicant’s claim, finding that the quashing of the finality clause was not a ground for counter-enforcement and that there was no evidence that the enforced decision had been quashed with final effect. 4. The applicant complained under Article 6 that the domestic courts had arbitrarily dismissed his claim for counter-enforcement, in disregard of the decision of 17 October 2017.

Outcome for Article 6: violation