THIRD SECTION
DECISION
Applications nos. 5563/08 and 9312/09
Oleg Vladimirovich ILYIN against Russia
and Vasiliy Tikhonovich KULIGIN against Russia
The European Court of Human Rights (Third Section), sitting on 13 September 2018 as a Committee composed of:
Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions given against unitary enterprises (GUPs, MUPs) and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They acknowledged the violation of the applicants’ rights guaranteed by the Convention and offered to pay the applicants the amounts detailed in the appended table. They also invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be free of any taxes that may be applicable. They will be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases 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 the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 4 October 2018.
Liv TigerstedtAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions
given against unitary enterprises (GUPs, MUPs) and
lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Date of birth
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary damage per applicant
(in Russian roubles)[1]
Amount awarded for non-pecuniary damage and costs and expenses
per applicant
(in euros)[2]
5563/08
18/12/2007
Oleg Vladimirovich Ilyin
26/01/1952
11/04/2016
13/06/2016
159,752
2,000
9312/09
23/09/2005
Vasiliy Tikhonovich Kuligin
27/02/1937
11/04/2016
31/05/2016
0
1,000
[1]. Plus any tax that may be chargeable.
[2]. Plus any tax that may be chargeable.
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