European Court of Human Rights

FIRST SECTION

DECISION

Application no. 44694/05
by Yevgeniy Fedorovich BRYUZGIN
against Russia

The European Court of Human Rights (First Section), sitting on 25 June 2009 as a Chamber composed of:

Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Sverre Erik Jebens,
Giorgio Malinverni, judges,
and Søren Nielsen, Section Registrar,

Having regard to the above application lodged on 20 November 2005,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Yevgeniy Fedorovich Bryuzgin, is a Russian national who was born in 1935 and lives in Tambov. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the 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.

By the final judgment of 18 May 2005 the Oktyabrskiy District Court of Tambov ordered the Social Security Service of Tambov to pay the applicant 2,120 Russian roubles in respect of medical expenses. On 17 August 2007 the judgment was executed in full.

COMPLAINT

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

THE LAW

On 16 April 2009 the Court received the following declaration from the Government and the applicant’s representative:

“The authorities of the Russian Federation and the applicant, Mr Bryuzgin Evgeniy Fedorovich, application no. 44694/05, have now reached the following settlement [ ...]: (a) due to humanitarian considerations and interests of respect of human rights, the authorities of the Russian Federation will pay to the applicant the sum of 2,500 euros. It will be payable within three months after the notification of the decision taken by the Court pursuant to Article 39 of the Convention. The authorities of the Russian Federation also guarantee to recover the sums of taxes that the applicant will pay when he will receive the sum. [...] (b) The applicant declares that, subject to the fulfilment of what is stated under (a), he has no further claims against the Russian Federation based on the facts of the application filed by him with the European Court of Human Rights.”

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). 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.

Søren Nielsen Christos Rozakis
Registrar President