FIFTH SECTION
DECISION
Application no. 50406/08
REDAKTSIYA GAZETY SLAVA SEVASTOPOLYA, KP
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 June 2012 as a committee composed of:
Mark Villiger, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 9 October 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant company, Redaktsiya Gazety “Slava Sevastopolya”, KP, is a Ukrainian collective enterprise, registered in 1998 and functioning as a newspaper in Sevastopol. It was represented before the Court by Mr S. A. Zayets, a lawyer practising in Sevastopol. The Ukrainian Government (“the Government”) were represented by their Agent, Ms V. Lutkovska, of the Ministry of Justice.
The applicant company complained under Article 6 § 1 of the Convention about the length of civil proceedings in a dispute over corporate rights as regards a newspaper publishing venture. It also complained about the fairness of those proceedings. Further, the applicant company alleged violations of its rights under Article 10 of the Convention and Article 1 of Protocol No. 1.
The Court received friendly settlement declarations signed by the parties and dated 9 March and 18 March 2011 under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay the applicant 1,300 (one thousand three hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national currency of the respondent State 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 Convention. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 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.
Stephen PhillipsMark Villiger
Deputy RegistrarPresident
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