FIRST SECTION
DECISION
Application no. 12958/07 and other applications
Tatyana Vasilyevna ARTEMYEVA and Others
against Russia
(see annex for other applications)
The European Court of Human Rights (First Section), sitting on 17 February 2011 as a Chamber composed of:
Nina Vajić, President,
Anatoly Kovler,
Christos Rozakis,
Peer Lorenzen,
Elisabeth Steiner,
Mirjana Lazarova Trajkovska,
Julia Laffranque, judges,
and Søren Nielsen, Section Registrar,
Having regard to the applications listed in the Annex,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applicants are four Russian nationals, whose names and dates of birth are listed in the Annex. The Russian Government (“the Government”) are represented by Mr G. Matyushkin, 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.
The applicants sued local authorities seeking to recover various benefits.
On the dates tabulated in the Annex domestic courts ordered the respondent authorities to pay the applicants the amounts indicated in the Annex. The judgments became binding and enforceable but their enforcement was delayed for several years.
COMPLAINT
The applicants complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the judicial awards in their favour.
THE LAW
On the dates specified in the Annex the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Russia in respect of the facts giving rise to their applications against an undertaking by the Government to pay them the amounts indicated in the Annex to cover any damage caused by the non-enforcement of the domestic awards in their favour. Those sums should be paid to the applicants within three months from the date of notification of the Court’s decision under Article 39 of the Convention. The applicants undertook to withdraw their applications lodged with the Court.
The Court takes note of the friendly settlement reached at the domestic level. It is satisfied, in each case, that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the applications (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Søren NielsenNina Vajić
RegistrarPresident
ANNEX
Application number and date of lodging
Applicant’s name and date of birth
Date of the judgment in the applicant’s favour, name of the court
Nature and amount of the award in Russian roubles (RUB)
Friendly settlement agreements
Date of submission to the Court
Amounts to be paid in Euros (EUR)
no.12958/07 (17/01/2007)
Tatyana Valentinovna Artemyeva (1972)
13/04/2000, Sovietskiy District Court of Voronezh
3,650.68
(child benefits)
23/03/2010
3,000
no.14386/07
(18/03/2007)
Liliya Yurevna Lepekhina (1968)
31/10/2000, Tsentralnyy District Court of Voronezh
4,508.20
(child benefits)
22/03/2010
3,000
no.43728/07
(27/08/2007)
Ivan Fedorovich Tulinov (1939)
18/12/2000, Novovoronezh Town Court of the Voronezh Region
1,396.83
(old-age pension)
07/04/2010
2,500
no.17055/08 (15/02/2008)
Tatyana Ivanovna Rafeyenko (1956)
08/12/2004, Justice of the Peace of the Novozybkovskiy District of the Bryansk Region
20,000
(insurance benefits)
06/09/2010
3,800
Full & Egal Universal Law Academy