FIRST SECTION
DECISION
Application no. 34030/05
by Nadezhda Nikolayevna REPINA
against Russia
The European Court of Human Rights (First Section), sitting on 3 December 2009 as a Chamber composed of:
Nina Vajić, President,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Sverre Erik Jebens,
Giorgio Malinverni,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 5 August 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Nadezhda Nikolayevna Repina, is a Russian national who was born in 1957 and lives in Voronezh. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 11 May 2000 the Kominternovskiy District Court of Voronezh ordered the Social Security Service of the Kominternovskiy District of Voronezh to pay the applicant 4,334.44 Russian roubles in respect of arrears in child benefits. The judgment became final on 22 May 2000 and was executed in full on 28 November 2005.
COMPLAINT
The applicant complained under Articles 1 and 13 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the judgment in her favour.
THE LAW
On 27 January 2009 the Court received the following declaration from the Government:
“The authorities of the Russian Federation and the applicant, Mrs Repina Nadezhda Nikolayevna, application no. 34030/05, now reached the following settlement [ ...]: (a) due to humanitarian considerations and interests of respect of human rights, the authorities of the Russian Federation will pay to the applicant the sum of 3,000 (three thousand) euros. It will be payable within three months after the notification of the decision taken by the Court pursuant to Article 39 of the Convention. The authorities of Russian Federation also guarantee to recover the sums of taxes that the applicant will pay when she will receive the sum. [...] (b) The applicant declares that, subject to the fulfilment of what is stated under (a), she has no further claims against the Russian Federation based on the facts of the application filed by her with the European Court of Human Rights.”
On 3 August 2009 the Court received the same declaration signed by the applicant.
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.
Søren NielsenNina Vajić
RegistrarPresident
Full & Egal Universal Law Academy