FIFTH SECTION
DECISION
This version was rectified on 5 February 2021
under Rule 81 of the Rules of Court.
Applications nos. 33182/19 and 41410/19
Vadym Isaakovych TEYTEL against Ukraine
and Zoya Oleksandrivna MATVEYEVA[1] against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 19 November 2020 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings and lack of an effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”).
The Court received the 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 these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 10 December 2020.
Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt
of Government’s declaration
Date of receipt
of Applicant’s declaration
Amount awarded for pecuniary and
non-pecuniary damage and costs and expenses per applicant (in euros)[1]
33182/19
13/06/2019
Vadym Isaakovych TEYTEL
1950
21/09/2020
17/08/2020
2,400
41410/19
26/07/2019
Zoya Oleksandrivna MATVEYEVA
1957
21/09/2020
03/09/2020
1,200
[1] Rectified on 5 February 2021: the text was “MATVEYVA”.
[1] Plus any tax that may be chargeable to the applicants.
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