FIFTH SECTION
DECISION
Application no. 25591/03
by Mikhail Ivanovich ILCHUK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 June 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrJ. Borrego Borrego,
MrsR. Jaeger,
MrM. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 31 July 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, Mr Mikhail Ivanovich Ilchuk, is a Ukrainian national who was born in 1959 and lives in the town of Selidove, Donetsk region. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 20 August 2002 the Selidove Court ordered the State-owned company “Ukruglerestrukturyzatsiya” (U.) to pay the applicant UAH 19,770[1] in salary arrears.
On 14 January 2003 the Donetsk Regional Court of Appeal upheld this ruling.
During 2003-2004 the domestic courts on several occasions left without consideration the applicant’s cassation appeal for failure to comply with the formalities prescribed by the Code of Civil Procedure.
In March 2004 U. was restructured and a State-owned company “Donuglerestrukturyzatsiya” assumed part of its debts.
On 30 August 2005 the Selidove Court rejected the request of the Voroshylivsky District Bailiffs’ Office of Donetsk (Відділ Державної виконавчої служби Ворошилівського районного управління юстиції м. Донецька) to change the debtor in the enforcement proceedings. This judgment became final on 15 September 2005.
In his letter of 30 October 2005 the applicant informed the Court that the judgment given in his favour remained non-enforced.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention about the outcome of civil proceedings in his case and about the lengthy non-enforcement of the court judgment in his favour. He further complained about a violation of his rights under Article 1 of Protocol No. 1 to the Convention and Article 2 § 1 of the Convention in view of the failure of the domestic authorities to enforce the judgment given in his favour.
THE LAW
On 19 October 2006 the Court received the following declaration, signed by the applicant:
“I, Mikhail Ivanovich Ilchuk, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 1,600 (one thousand and six hundred euros) as well as the judgment debt still owed to me with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 1,600 (one thousand and six hundred euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
On 6 December 2006 the Court received the following declaration from the Government:
“I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 1, 600 (one thousand and six hundred euros) to Mr Mikhail Ivanovich Ilchuk, as well as the judgment debt still owed to him with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum of EUR 1,600 (one thousand and six hundred euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. 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 this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a 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.”
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 and finds no public policy reasons to justify a continued examination of the application (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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
[1]. EUR 3,939.01.
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