FIFTH SECTION
DECISION
Application no. 6951/08
by Nikolay Yakovlevich PLAKHTYRYA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 March 2010 as a Chamber composed of:
Peer Lorenzen, President,
Renate Jaeger,
Karel Jungwiert,
Mark Villiger,
Isabelle Berro-Lefèvre,
Zdravka Kalaydjieva, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Claudia Westerdiek, Section Registrar.
Having regard to the above application lodged on 21 January 2008,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Nikolay Yakovlevich Plakhtyrya, a Ukrainian national who was born in 1929 and lives in Dnipropetrovsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev.
On 30 June 2009 the Court decided to communicate the applicant’s complaints under Article 6 § 1 of the Convention concerning the length of his civil proceedings which had commenced on 31 July 2000 and terminated on 12 January 2009.
On 30 September and 30 November 2009 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay him 1,600 (one thousand six hundred) Euros to cover any non-pecuniary damage as well as costs and expenses, a sum, which will be converted into Ukrainian hryvnias at the rate applicable on the date of payment, and will be 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 LAW
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 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
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