FIRST SECTION
DECISION
Application no. 26648/06
by Zhanna Vladimirovna ADONYEVA
and Nina Nikolayevna TOKMAKOVA
against Russia
The European Court of Human Rights (First Section), sitting on 19 May 2009 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 20 April 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicants, Ms Zhanna Vladimirovna Adonyeva (the first applicant) and Mrs Nina Nikolayevna Tokmakova (the second applicant), are Russian nationals who were born in 1963 and 1937 respectively and live in Voronezh, the Voronezh Region. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 28 April 2000 the Sovetskiy District Court of Voronezh ordered a local welfare authority to pay the first applicant 4,002.17 Russian roubles (RUB) in respect of child benefits. On 10 May 2000 the judgment became final. On 30 June 2008 the amount awarded was paid to her in full.
On 19 February 2001 the Sovetskiy District Court of Voronezh by two separate judgments granted the applicants’ claims against a local welfare office and awarded the first applicant RUB 933.78 and the second applicant RUB 1,073.50 in pension arrears. The judgments acquired legal force on 2 March 2001 and were executed by the respondent authority on 7 December 2005.
COMPLAINT
The applicants complained under Article 6 of the Convention and Article 1 of Protocol No.1 about non-enforcement of the judgments in their favour.
THE LAW
On 11 February 2009 the Court received the following declaration signed by the Government and the applicants:
“The authorities of the Russian Federation and the applicants, Mrs Adoniyeva Zhanna Vladimirovna and Mrs Tokmakova Nina Nikolayevna, application no. 26648/06, have now reached the following settlement [...]: (a) due to humanitarian considerations and interests of respect of human rights, the authorities of the Russian Federation will pay to J.V. Adonieva the sum of 2,500 euros and to N.N. Tokmakova the sum of 1,500 euros. It will be payable within three months after the notification of the decision taken by the Court pursuant to Article 39 of the Convention. The authorities of the Russian Federation also guarantee to recover the sums of taxes that the applicants will pay when they will receive the sum. [...] (b) The applicants declare that, subject to the fulfilment of what is stated under (a), they have no further claims against the Russian Federation based on the facts of the application filed by them with the European Court of Human Rights.”
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 application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy