FIFTH SECTION
DECISION
Application no. 7951/06
by Valentina Nikolayevna GALKINA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 30 November 2010 as a Committee composed of:
Rait Maruste, President,
Mirjana Lazarova Trajkovska,
Zdravka Kalaydjieva, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 16 February 2006,
Having regard to the Court’s decision of 30 November 2010 in the case and the Government’s request to restore the case to the list in order to effect a number of technical amendments,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Valentina Nikolayevna Galkina, a Ukrainian national who was born in 1972 and lives in Gorlovka. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
On 31 August 2009 the Court decided to communicate the applicant's complaints made in substance under Article 6 § 1 of the Convention about the lengthy non-enforcement of the judgments given in her favour on 21 December 2000, 22 December 2000 and 17 July 2003.
On 21 December 2009 the Court received the Government's friendly settlement proposal saying that “the Government of Ukraine are prepared to pay to the applicant the sum in the amount of EUR 2,400 (two thousand and four hundred) as compensation for non-pecuniary damage with a view to securing a friendly settlement of the above-mentioned case pending before the Court. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay these sums within the said three-month period, the Government is to pay simple interest on it, from expiry of that period until settlement, at rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case”.
On 10 February 2010 the Court received the applicant's letter of acceptance of such proposal under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application.
On 30 November 2010 the Court decided to strike the application out of its list of cases in view of the friendly settlement reached between the parties.
On 13 December 2010 the Government sent a letter expressing their intent to amend the above proposal and to include the provision that the offered sum “be converted into the national currency of the respondent State at the rate applicable at the date of settlement” in order to be able to effect the payment.
THE LAW
The Court takes note of the friendly settlement reached between the parties and the amendment to it. 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 restore the case to its list of cases;
Decides to strike the application out of its list of cases.
Stephen PhillipsRait Maruste
Deputy RegistrarPresident
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