FIRST SECTION
DECISION
Application no. 3239/04
by Nina Petrovna KLIMENKO
against Russia
The European Court of Human Rights (First Section), sitting on 1 June 2006 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsF. Tulkens,
MrsN. Vajić,
MrA. Kovler,
MrsE. Steiner,
MrK. Hajiyev, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 15 December 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 regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Nina Petrovna Klimenko, is a Russian national, who was born in 1953 and lives in the village of Kaa-Khem in the Tyva Republic. She is represented before the Court by Ms R. Kilina, a lawyer practising in Kyzyl. The respondent Government are represented by Mr P. Laptev, 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 4 July 2002 the Kyzylskiy District Court of the Tyva Republic granted the applicant’s civil action against the Ministry of Finance and the Kyzylskiy District department of education and awarded her 71,801.69 Russian roubles (RUR, approximately 2,323.5 euros) in arrears and RUR 5,000 (approximately 162 euros) as compensation for court expenses.
The judgment was not appealed against and became final.
On 18 August 2002 enforcement proceedings were instituted but the judgment was not enforced because the Ministry of Finance did not have necessary funds.
On 15 December 2002 the Kyzylskiy District Court of the Tyva Republic granted another action of the applicant and ordered that the Ministry of Finance should pay her RUR 62,119.60 (approximately 1,906 euros) in arrears.
The judgment of 15 December 2002 was not appealed against and became final.
On 10 October 2005 the judgments of 4 July and 15 December 2002 were enforced.
COMPLAINTS
The applicant complained under Article 6 of the Convention about non-enforcement of the judgments of the Kyzylskiy District Court of the Tyva Republic of 4 July and 15 December 2002.
THE LAW
By the letter of 7 March 2006 the applicant informed the Court that she accepted a proposal for a friendly settlement and waived any further claims against Russia in respect of the facts of the present application.
On 25 April 2006 the Government informed the Court that the parties had reached a settlement whereby the Government would pay the applicant 4,500 euros in full and final resolution of the case, costs and expenses included.
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 (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck 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