FIFTH SECTION
DECISION
Application no. 4299/05
by Antonina Ivanovna ZAVALYPICH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 3 July 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrJ. Borrego Borrego,
MrsR. Jaeger,
MrM. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 21 January 2005,
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, Ms Antonina Ivanovna Zavalypich, is a Ukrainian national who was born in 1937 and lives in Novogrodivka. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
On 20 February 2001 the Novogrodivka City Court (Новогродівський міський суд) awarded the applicant’s husband UAH 6,371.73[1] in salary arrears and other payments from his former employer, the State-owned OJSC Mine “Novogrodivska 1/3” (ДВАТ „Новогродівська 1/3”). This decision was not appealed against, became final, and the enforcement writ was transferred to the Bailiffs (Відділ Державної виконавчої служби Новогродівського міського управління юстиції), who initiated the enforcement proceedings.
On 18 October 2002 the applicant’s husband died and on 4 April 2003 the applicant was appointed his successor in the enforcement proceedings.
On 11 August 2004 the applicant was paid UAH 4,602.70.[2] The remainder debt is outstanding to the present day.
The applicant has unsuccessfully attempted to obtain compensation from the Bailiffs for their failure to enforce the judgment. Her proceedings against the Bailiffs are currently pending on her appeal in cassation.
COMPLAINTS
The applicant complained about the lengthy non-enforcement of the court judgment of 20 February 2001. In her submissions, she relied on Articles 6 § 1 and 13 of the Convention and on Article 1 of Protocol No. 1.
Additionally, the applicant complained under Articles 6 § 1 and 13 about an unreasonable length of the cassation proceedings concerning her claims against the Bailiffs and under Article 14 of the Convention that the debtor had voluntarily paid its outstanding debts to the employees and other creditors, who had instituted no judicial proceedings against it.
THE LAW
On 5 June 2007 the Court received the following declaration from the Government:
“I, Yuriy ZAYTSEV, Government Agent before the European Court of Human Rights, declare that the Government of Ukraine offer to pay Ms Antonina Ivanovna ZAVALYPICH the debt still owed under the judgment of 20 February 2001 given in favour of her late husband as well as to pay her ex gratia the sum of EUR 2,300 (two thousand three hundred euros) with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
The sum of EUR 2,300 (two thousand three hundred euros) will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. This sum will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay the above sum within the said three-month period, the Government undertake to pay simple interest on it, from 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”.
On 15 May 2007 the Court received the following declaration, signed by the applicant:
“I, Antonina Ivanovna ZAVALYPICH, note that the Government of Ukraine are prepared to pay me the debt still owed under the judgment of 20 February 2001 given in favour of my late husband as well as to pay me ex gratia the sum of EUR 2,300 (two thousand three hundred euros) with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
The sum of EUR 2,300 (two thousand three hundred euros) will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and free of any taxes that may be applicable. This sum will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay the above sum within the said three-month period, the Government undertake to pay simple interest on it, from 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”.
I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case”.
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). 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 strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
[1]. EUR 1,273.85.
[2]. EUR 729.26.
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