FIRST SECTION
DECISION
Application no. 30492/06
by Viktor Korneyevich VETROV
against Russia
The European Court of Human Rights (First Section), sitting on 7 January 2010 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and André Wampach, Deputy Section Registrar.
Having regard to the above application lodged on 26 June 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Viktor Korneyevich Vetrov, is a Russian national who was born in 1945 and lives in Novocherkassk. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, their Representative at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 30 August 2004 the Novocherkassk Town Court of the Rostov Region awarded the applicant RUB 84,484.04 in pension arrears against the Military Commissariat of Novocherkassk. The judgment became final ten days later and was enforced on 5 February 2007.
COMPLAINT
The applicant complained under Articles 6 and 13 of the Convention and under Article 1 of Protocol No. 1 thereto about the non-enforcement of the judgment in his favour.
THE LAW
On 23 June 2009 the Court received the following declaration from the Government:
“The authorities of the Russian Federation and the applicant, Mr Vetrov Viktor Korneyevich, application no. 30492/06, 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 29,895.67 Russian roubles. 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 reimburse the sums of taxes that the applicant will pay when he will receive the sum. [...] (b) The applicant declares that, subject to the fulfilment of what is stated under (a), he has no further claims against the Russian Federation based on the facts of the application filed by him 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.
André WampachChristos Rozakis
Deputy RegistrarPresident
Full & Egal Universal Law Academy