European Court of Human Rights

FIRST SECTION

DECISION

Application no. 3210/07
by Mikhail Mikhaylovich ILYUKHIN
against Russia

The European Court of Human Rights (First Section), sitting on 18 September 2008 as a Chamber composed of:

Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Giorgio Malinverni,
George Nicolaou, judges,
and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 2 December 2006,

Having regard to the decision to examine the admissibility and merits of the case together (Article 29 § 3 of the Convention),

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Mikhail Mikhaylovich Ilyukhin, is a Russian national who was born in 1958 and lives in Obninsk, Kaluga Region. The Russian Government (“the Government”) were represented by Ms V. Milinchuk, the former 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 took part in the emergency operations at the site of the Chernobyl nuclear plant disaster. As a result he became entitled to monthly and yearly disability and food allowances. He brought a court action against the Ministry of Finance of the Russian Federation, the Welfare Office of the administration of Obninsk and the Obninsk Department of the State Agency for Employment for indexation of allowances and recovery of unpaid amounts.

On 13 April 2006 the Obninsk Town Court of the Kaluga Region granted his claim. The court ordered that the respondent authorities index-link the yearly and monthly disability and food allowances and pay the applicant arrears for the period between 1 July 2000 and 31 December 2005. The court further increased the monthly allowances payable since 1 January 2006, with subsequent adjustment in accordance with legislation.

On 8 June 2006 the Kaluga Regional Court upheld the judgment and it became enforceable.

At some point before 29 April 2008 the judgment had been enforced in full.

COMPLAINT

The applicant complained under Article 6 of the Convention and Article 1 of Protocol No.1 thereto about non-enforcement of the judgment of 13 April 2006 in his favour.

THE LAW

On 7 May 2008 the President of the Chamber decided to invite the Government to submit observations on the admissibility and merits of the application.

By letter dated 29 April 2008, which reached the Court on 27 May 2008, the applicant informed the Court that the judgment of 13 April 2006 in his favour had been fully enforced and accordingly he wanted to withdraw the application.

The Court notes that the applicant no longer wishes to pursue his application (cf. Article 37 § 1 (a) of the Convention). The Court further notes that the judgment in the applicant’s favour has been enforced in full. 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 Wampach Christos Rozakis
Deputy Registrar President