FIRST SECTION
DECISION
Application no. 27241/04
by Yevgeniy Vasilyevich VEPRUK
against Russia
The European Court of Human Rights (First Section), sitting on 14 June 2007 as a Chamber composed of:
MrC.L. Rozakis, President,
MrL. Loucaides,
MrsN. Vajić,
MrA. Kovler,
MrK. Hajiyev,
MrD. Spielmann,
MrS.E. Jebens, judges,
and Mr S. Nielsen, Section Registrar,
Having regard to the above application lodged on 2 June 2004,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Yevgeniy Vasilyevich Vepruk, is a Russian national, who was born in 1960 and lives in Kaliningrad. The respondent Government were represented by Mr P. Laptev, 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.
The applicant is a former serviceman.
On 21 August 2002 the Zaozyorskiy Garrison Military Court partially upheld the applicant’s action against the Ministry of Defence and awarded him 34,560 Russian roubles (RUR) for housing expenses. The judgment was not appealed against and became final. It was enforced in full on 7 September 2005 when the sum of the judgment award was credited to the applicant’s account.
COMPLAINTS
The applicant complained under Article 6 of the Convention about the non-enforcement of the judgment of 21 August 2002.
THE LAW
By the letter of 14 March 2007 the applicant informed the Court that he accepted a proposal for a friendly settlement and waived any further claims against Russia in respect of the facts of the present application. He provided the Court with the friendly settlement agreement signed by the parties whereby the Government had undertaken to pay the applicant 3,000 euros in full and final resolution of the case, costs and expenses included.
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 (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy