European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/2143.html
Cite as: [2010] ECHR 2143
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FIRST SECTION
DECISION
Application no.
19904/06
by Valentina Ivanovna VEDYAPINA
and application no.
19905/06
by Nina Petrovna DYAGILEVA
against Russia
The European Court of Human Rights (First Section), sitting on 25 November 2010 as a Chamber composed of:
Christos Rozakis, President,
Nina
Vajić,
Anatoly Kovler,
Elisabeth
Steiner,
Khanlar Hajiyev,
Dean
Spielmann,
Sverre Erik Jebens, judges,
and Søren
Nielsen, Section
Registrar,
Having regard to the above applications, both lodged on 17 April 2006,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicants are two Russian nationals, Ms Valentina Ivanovna Vedyapina (application no. 19904/06) and Ms Nina Petrovna Dyagileva (application no. 19905/06). They were born in 1952 and 1950 respectively and live in the town of Engels, the Saratov Region. The Russian Government (“the Government”) are represented by Mr G. Matuyshkin, their Representative at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicants sued their former employer, a municipal company “Engelslift”, for unpaid salary. On the dates tabulated in the Appendix the Justice of the Peace of the 8th Court Circuit of Engels of the Saratov Region ordered the respondent company to pay the applicants the amounts indicated in the Appendix in respect of salary arrears. The awards became enforceable on the dates listed in the Appendix but remained unenforced.
COMPLAINT
The applicants complained under Article 6 § 1 of the Convention about non-enforcement of the judicial awards in their favour.
THE LAW
On 3 July 2009 the Government informed the Court that the applicants and the Engels Municipal District Council of the Saratov Region had reached a settlement. They submitted copies of the similar settlement agreements, each dated 21 April 2009 and signed by the Deputy Head of the Engels Municipal District Council and an applicant concerned. Under the terms of the respective agreements, the Head of the Engels Municipal District Council undertook to arrange payment to the applicants of the amounts indicated in the Appendix in respect of the judgment debts and compensation of non-pecuniary damage caused by the non-enforcement of the domestic awards in their favour. Those sums should be paid to the applicants within three months from the date of notification of the Court’s decision under Article 39 of the Convention. The applicants undertook to withdraw their applications lodged with the Court.
On 17 July 2009 a copy of the Government’s letter of 3 July 2009 and the respective settlement agreements were sent to the applicants. No reply followed.
The Court takes note of the friendly settlement reached at the domestic level. It is satisfied, in each case, 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 applications (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Søren Nielsen Christos Rozakis
Registrar President
APPENDIX
|
Applicant’s name, application no.
|
Date of the judgment in the applicant’s favour
|
Amount awarded (Russian Roubles (RUB)
|
Date of the judgment’s entry into force
|
Amount to be paid pursuant to the friendly settlement agreements in respect of: |
|
|
Judgment debt (RUB) |
Non-pecuniary damage (RUB) |
||||
|
Valentina Ivanovna Vedyapina (no. 19904/06) |
27/12/2001 |
29,576.74 |
09/01/2002 |
59,079.85 |
60,000 |
|
02/06/2003 |
29,503.11 |
13/06/2003 |
|||
|
Nina Petrovna Dyagileva (no. 19905/06) |
02/06/2003 |
30,765.66 |
13/06/2003 |
30,765.66 |
30,000 |
