FIRST SECTION
DECISION
Application no. 25958/03
by Galina Aleksandrovna GRIBEL
against Russia
The European Court of Human Rights (First Section), sitting on 20 February 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrsE. Steiner,
MrS.E. Jebens,
MrG. Malinverni, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 23 June 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mrs Galina Aleksandrovna Grybel, is a Russian national who was born in 1942 and lives in Velikiye Luki, the Pskov Region. She is represented before the Court by Mr D. Kozyrev, a lawyer practising in the Pskov Region. The respondent Government are represented by Mr P. Laptev, Representative of the Russian Federation at the European Court of Human Rights.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 11 March 2003 the Velikolukskiy Town Court of the Pskov Region awarded the applicant a lump sum of 45,000 Russian roubles (“RUR”) and monthly payments in the amount of RUR 5,000, payable by the Welfare Office of Velikiye Luki.
On 27 March 2003 the enforcement proceedings commenced.
On 22 April 2003 the Pskov Regional Court upheld the judgment.
On 14 July 2003 the applicant brought proceedings against the bailiff service for the continued non-enforcement of the judgment of 11 March 2003.
On 5 August 2003 the Velikolukskiy Town Court ordered immediate enforcement of the judgment.
On 5 September 2003 the applicant requested the Prosecutor’s Office of Velikiye Luki to institute criminal proceedings against the bailiff.
On 8 October 2003 the Prosecutor’s Office of Velikiye Luki refused the applicant’s request.
On an unspecified date the judgment of the Velikolukskiy Town Court of 11 March 2003, as upheld on 22 April 2003, was enforced.
B. Proceedings before the Court
On 30 August 2006 the application was communicated to the respondent Government.
On 11 October 2006 the applicant informed the Court that she no longer intended to pursue her application before the Court.
On 17 November 2006 the respondent Government submitted their observations on the admissibility and merits of the case, which were sent to the applicant for information.
THE LAW
The Court recalls Article 37 of the Convention which, in the relevant part, reads as follows:
“1. 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
(a) the applicant does not intend to pursue his application;
...
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 notes that the applicant no longer intends to pursue her application. Furthermore, it considers that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the case (Article 37 § 1 in fine of the Convention).
In these circumstances the Court considers that Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list in accordance with Article 37 § 1 (a) of the Convention.
For these reasons, the Court unanimously
Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy