FIFTH SECTION
DECISION
Application no. 12511/13
Valentyna Petrivna LINTSEVYCH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 25 November 2014 as a Committee composed of:
Vincent A. De Gaetano, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 9 February 2013,
Having regard to the declaration submitted by the respondent Government on 3 April 2014 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Valentyna Petrivna Lintsevych, is a Ukrainian national, who was born in 1951 and lives in Kyiv.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention about the length of the civil proceedings to which she was the party.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 3 April 2014 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The declaration provided as follows:
“The Government of Ukraine acknowledge the violation of the applicant’s right about excessive length of the proceedings in the applicant’s case before the national courts.
The Government of Ukraine offer to pay to Ms Valentyna Petrivna Lintsevych EUR 3,240 (three thousand two hundred forty euros) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be converted into the national currency of the respondent State at the rate applicable on the date of payment and 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.”
On 24 June 2014, the Court received a letter from the applicant informing the Court that she had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases pursuant to Article 39 of the Convention.
Stephen PhillipsVincent A. De Gaetano
RegistrarPresident
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