FOURTH SECTION
DECISION
Application no. 44092/15
Lyubov PILOYAN
against Armenia
The European Court of Human Rights (Fourth Section), sitting on 11 March 2021 as a Committee composed of:
Jolien Schukking, President,
Armen Harutyunyan,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 August 2015,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Lyubov Piloyan, is an Armenian national who was born in 1940 and lives in Yerevan. She was represented before the Court by Mr A. Grigoryan, a lawyer practising in Yerevan.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of the final judgment of the Civil Court of Appeal of 16 December 2005, according to which a plot of land with a building permit was to be allocated to her, were communicated to the Armenian Government (“the Government”).
On 21 December 2020 the Court received the following declaration from the Government:
“I, Yeghishe Kirakosyan, Agent of the Government of Armenia, declare that the Government of Armenia with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ex gratia offer to alienate the plot of land measuring 332.6 sq. m. located in Yerevan at 38 Arami street to the applicant through direct sale.
On 17 December 2020 the Government adopted the Decree no. 2074 on “Alienating a plot of land to Lyubov Piloyan through direct sale”. According to that Decree, the Government decided to alienate the abovementioned plot of land to Lyubov Piloyan through direct sale by 60.000 AMD per 1 sq. m.
Based on the Government Decree no. 2074 a contract on direct sale between the Mayor of Yerevan and the applicant is to be signed until 30 December 2020.
I further declare that the Government will undertake to ensure the resolution of the friendly settlement. Signing of the contract of alienation will constitute the final resolution of the case”.
On 25 December 2020 the Court received the following declaration duly signed by the applicant’s representative:
“I, Artur Grigoryan, note that the Government of Armenia with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights ex gratia offer to alienate the plot of land measuring 332.6 sq. m. located in Yerevan at 38 Arami street to the applicant through direct sale.
On 17 December 2020 the Government adopted the Decree no. 2074 on "Alienating a plot of land to Lyubov Piloyan through direct sale". According to that Decree, the Government decided to alienate the abovementioned plot of land to Lyubov Piloyan through direct sale by 60.000 AMD per 1 sq. m.
Based on the Government Decree no. 2074 a contract on direct sale between the Mayor of Yerevan and the applicant is to be signed until 30 December 2020.
Having consulted the applicant, I would inform you that she accepts the proposal and waives any further claims against Armenia in respect of the facts giving rise to this application. She declares that signing of the contract between the applicant and the Mayor of Yerevan 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 the Protocols thereto 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 1 April 2021.
Viktoriya MaradudinaJolien Schukking
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy