FIFTH SECTION
DECISION
Application no. 32356/07
Andriy Andriyovych SULYMA and Nina Yakivna SULYMA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 15 November 2011 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 4 June 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Mr Andriy Andriyovych Sulyma and Nina Yakivna Sulyma, are Ukrainian nationals who were born in 1946 and 1949 respectively and live in Dykanka. The Ukrainian Government (“the Government”) were represented by their Agent, Ms V. Lutkovska, of the Ministry of Justice.
The applicants complained under Article 6 § 1 of the Convention of the excessive length of proceedings in their case concerning a dispute over their property. They also raised several other complaints related to their proceedings, in particular relying on Articles 3, 8 and 13 of the Convention and Article 1 of Protocol No. 1 thereto.
On 11 July and 16 September 2011 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them jointly 1,800 (one thousand eight hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into Ukrainian hryvnia 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 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
Full & Egal Universal Law Academy