FIFTH SECTION
DECISION
Application no. 22662/05
by Vladimir Ivanovich LITVIN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 11 December 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrJ. Borrego Borrego,
MrsR. Jaeger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 6 June 2005,
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 Vladimir Ivanovich Litvin, is a Ukrainian national who was born in 1961 and lives in Grodivka. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
On 20 March 2001 the Novogrodivka Court (Новогродівський міський суд Донецької області) awarded the applicant 4,849.24 hryvnyas (UAH) in salary arrears and other payments against the State-owned mining company “Novogrodivska 1/3” (ДВАТ «Новогродівська 1/3»).
This judgment was not appealed against, became final, and enforcement proceedings were instituted to collect the debt.
The debt was paid in several instalments, the last payment having been made in February 2006.
The applicant has unsuccessfully attempted to obtain compensation from the Bailiffs for the delay in enforcing the judgment.
COMPLAINTS
The applicant complained about the lengthy non-enforcement of the court judgment given in his favour. He invoked Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1.
THE LAW
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 Mr Vladimir Ivanovich LITVIN the sum of EUR 1,900 (one thousand nine hundred euros) ex gratia with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, 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 received the following declaration signed by the applicant:
“I, Vladimir Ivanovich LITVIN, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 1,900 (one thousand nine hundred euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, 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.
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.”
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). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy