FIRST SECTION
DECISION
Application no. 5235/03
by Nina Semenovna ARAPOVA
against Russia
The European Court of Human Rights (First Section), sitting on 24 April 2008 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
George Nicolaou, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 16 December 2002,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declaration accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Nina Semenovna Arapova, is a Russian national who was born in 1936 and lives in the town of Yekaterinburg in the Sverdlovsk Region. The Russian Government were initially represented by Mr P. Laptev, the former Representative of the Russian Federation at the European Court of Human Rights, and subsequently by their Representative, Mrs V. Milinchuk.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 6 July 1995 the applicant filed an action against a private company claiming compensation for the damaged refrigerator.
On several occasions the proceedings were adjourned or stayed.
On 17 May 2002 the Leninskiy District Court of Yekaterinburg dismissed the applicant’s claims. On 2 July 2002 the Sverdlovsk Regional Court upheld the judgment.
COMPLAINTS
The applicant complained under Article 6 of the Convention about the allegedly excessive length of the proceedings. She also raised a number of other complaints about the alleged unfairness of the trial.
THE LAW
On 29 March 2007 the applicant informed the Court that she had accepted a settlement proposal and waived any further claims against Russia in respect of the facts concerning the present application. She provided the Court with a copy of the agreement signed by the parties whereby the Government had undertaken to pay the applicant 2,000 euros in respect of the full and final resolution of the case, plus any tax that may be chargeable on that amount. That sum should be paid to the applicant within three months from the date of notification of the Court’s decision under Article 39 of the Convention.
The Court recalls Article 37 of the Convention which, in so far as relevant, provides as follows:
“The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
...
(b) the matter has been resolved;
...
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
The Court takes note of the settlement reached between the parties and considers that the matter has been resolved. 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 discontinue the application of Article 29 § 3 and to strike the case out of the list under Article 37 § 1 (b) of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy