This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision. ARSOV v. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA JUDGMENT 1 In the case of Arsov v. the former Yugoslav Republic of Macedonia, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Mr P. LORENZEN, President, Mr K. JUNGWIERT, Mr V. BUTKEVYCH, Mrs M. TSATSA-NIKOLOVSKA, Mr J. BORREGO BORREGO, Mrs R. JAEGER, Mr M. VILLIGER, judges, and Mrs C. WESTERDIEK, Section Registrar, Having deliberated in private on 25 September 2006, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 44208/02) 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...
CONSEIL DE L’EUROPE COUNCIL OF EUROPE COUR EUROPÉENNE DES DROITS DE L’HOMME EUROPEAN COURT OF HUMAN RIGHTS FIFTH SECTION CASE OF ARSOV v. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA (Application no. 44208/02) JUDGMENT STRASBOURG 19 October 2006 FINAL 19/01/2007 This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
ARSOV v. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA JUDGMENT 1 In the case of Arsov v. the former Yugoslav Republic of Macedonia, The European Court of Human Rights (Fifth Section), sitting as a Chamber composed of: Mr P. LORENZEN, President, Mr K. JUNGWIERT, Mr V. BUTKEVYCH, Mrs M. TSATSA-NIKOLOVSKA, Mr J. BORREGO BORREGO, Mrs R. JAEGER, Mr M. VILLIGER, judges, and Mrs C. WESTERDIEK, Section Registrar, Having deliberated in private on 25 September 2006, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application (no. 44208/02) 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 citizen of the former Yugoslav Republic of Macedonia, Mr Petar Arsov (“the applicant”), on 19 November 2002. 2. The applicant was represented by Mr T. Torov, a lawyer practising in Stip. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska-Gerovska. 3. On 12 May 2005 the Court declared the application partly inadmissible and decided to communicate the complaint concerning the length of the proceedings to the Government. Applying Article 29 § 3 of the Convention, it decided to rule on the admissibility and merits of the application at the same time. THE FACTS 4. The applicant lives in Kocani, in the former Yugoslav Republic of Macedonia. 5. During 1978/1979 the applicant opened two certificates of deposits in foreign currency in the Kocani office of the “Stopanska Banka” Skopje (“the bank”) for a fixed period of 25 months. The terms of the agreement were stated on the cover of the bank account savings card. There was a bank stamp which defined three terms of the deposit: the amount of the savings, the duration of the deposit and the interest rate of 10%. Since the parties did
2 ARSOV v. THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA JUDGMENT not terminate the agreement after it expired, it was considered that the certificate was extended. Until 1992 the bank continued to pay him interest, but at differing rates. 6. On 18 June 1991 the applicant brought a civil claim against the bank for payment of the difference in the interest rate. He claimed that the bank had applied a lower interest rate than agreed. 7. On 30 October 1991 the then Kocani Municipal Court (Општински суд Кочани) dismissed the applicant's claim. It found that until the end of October 1982, the applicant had received 10% interest. From October 1982 unti...