FIFTH SECTION
DECISION
Application no. 9950/11
Vitaliy Dmitriyevich ZAPERIN and Mariya Vasilyevna ZAPERINA
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 February 2014 as a Committee composed of:
Angelika Nußberger, President,
Ganna Yudkivska,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 1 February 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Vitaliy Dmitriyevich Zaperin and Ms Mariya Vasilyevna Zaperina, are Ukrainian nationals, who were born in 1935 and 1940 respectively and live in Kamenske.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicants complained under Articles 6 § 1 and 13 of the Convention about the excessive length of civil proceedings.
The application was communicated to the Government.
The Court received friendly settlement declarations signed by the parties and dated respectively on 2 April 2012 and 22 July 2013 (the applicants’ declaration being made by way of two documents) 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 1,600 (one thousand six hundred) euros to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into the national currency at the rate applicable on the date of payment, and would be free of any taxes that might be applicable. It is to be payable within three months from the date of notification of the decision taken by the Court. 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 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 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. 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 in accordance with Article 39 of the Convention.
Stephen PhillipsAngelika Nußberger
Deputy RegistrarPresident
Full & Egal Universal Law Academy