FIFTH SECTION
DECISION
Application no. 63403/13
ZOLOTYY MANDARYN OYL, TOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 20 October 2015 as a Committee composed of:
Angelika Nußberger, President,
Boštjan M. Zupančič,
Vincent A. De Gaetano, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 14 September 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Zolotyy Mandaryn Oyl, TOV, is a legal entity registered in Ukraine. The applicant company was represented before the Court by Mr Igor Karaman, a lawyer practicing in Kyiv.
The Ukrainian Government (“the Government”) were represented by their Agent, most recently Mr Borys Babin, of the Ministry of Justice.
The applicant complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 about the lengthy non-enforcement of the judgment adopted in the applicant’s favour.
On 22 July 2015 the Court received a letter from the Government stating that the applicant did not wish to pursue its application as a result of a friendly settlement agreement signed on 22 July 2015 between the applicant and the Government. A copy of the agreement was attached to the letter, the relevant parts read as follows:
“...the Government of Ukraine will pay the debt still owed to the applicant under the decision of the Kyiv Commercial Court of 12 May 2009 which changed the way of execution of the judgment of the same court of 21 April 2009 with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
The Government undertake to enforce the above decision within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention of Human Rights. The enforcement of the decision of the Kyiv Commercial Court of 12 May 2009 which changed the way of execution of the judgment of the same court of 21 April 2009 will constitute the final resolution of the case.”
On 10 August 2015 the Court received a letter from the applicant’s representative confirming that the applicant company agreed to the conditions of the friendly settlement declaration.
THE LAW
In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 12 November 2015.
Milan BlaškoAngelika Nußberger
Deputy RegistrarPresident
Full & Egal Universal Law Academy