FIRST SECTION
DECISION
Application no. 41528/04
by Valentina Alekseyevna YAKIMOVA
against Russia
The European Court of Human Rights (First Section), sitting on 29 April 2008 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 12 October 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 deliberated, decides as follows:
THE FACTS
The applicant, Ms Valentina Alekseyevna Yakimova, is a Russian national who was born in 1937 and lives in Vorkuta. The respondent Government are represented by Mrs V. Milinchuk, 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 an old-age pensioner. She sued the Kozmodemyansk Town Council for provision of housing. On 14 June 2001 the Kozmodemyansk Town Court of the Republic of Mari El ordered that the Kozmodemyansk Town Council provide the applicant with a flat. On 26 July 2001 the judgment was upheld on appeal by the Supreme Court of the Republic of Mari El and entered into force.
On 10 September 2001 the bailiff’s office opened the enforcement proceedings.
On 2 March 2007 the Kozmodemyansk Town Council enforced the judgment of 14 June 2001 and provided the applicant with a well-equipped one-room flat.
COMPLAINTS
1. The applicant complained under Article 6 of the Convention about prolonged non-enforcement of the judgment of 14 June 2001, as upheld on appeal on 26 July 2001.
2. The applicant complained under Article 13 of the Convention that she had no effective remedy against the lengthy non-enforcement.
THE LAW
On 26 November 2007 the President of the Chamber decided to invite the Government to submit observations on the admissibility and merits of the application.
On 10 January 2008 the applicant informed the Court that the judgment of 14 June 2001 had been enforced on 2 March 2007 and she did not intend to pursue her application before the Court.
The Court notes that the applicant no longer wishes to pursue her application (cf. Article 37 § 1 (a) of the Convention). The Court further notes that the judgment in her favour has already been enforced. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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