European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/741.html
Cite as: [2010] ECHR 741
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FIFTH SECTION
DECISION
Applications no.
7474/06 by Ganna Zakharivna ANTONENKO
and no. 30908/08 by
Sergey Mikhaylovich OMELYANCHIK
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 27 April 2010 as a Chamber composed of:
Peer Lorenzen, President,
Renate
Jaeger,
Karel Jungwiert,
Mark
Villiger,
Mirjana Lazarova Trajkovska,
Zdravka
Kalaydjieva, judges,
Mykhaylo Buromenskiy, ad hoc
judge,
and Claudia Westerdiek,
Section Registrar,
Having regard to the above two applications lodged on 31 January 2006 and 16 June 2008 respectively,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applications were lodged by two Ukrainian nationals, Ms Ganna Zakharivna Antonenko (no. 7474/06), born in 1944 in Kyiv, and by Mr Sergey Mikhaylovich Omelyanchik (no. 30908/08), born in 1962 in Donetsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Y. Zaytsev.
The applicants complained under Articles 6 § 1 and 13 of the Convention about the length of the court proceedings in their cases.
On 7, 10 December 2009 and 6 January 2010 the Court received friendly settlement declarations signed by the applicants and the Government under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to the applications against an undertaking by the Government to pay each applicant 1,600 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Ukrainian hryvnia at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. These sums 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 these sums within the said three-month period, the Government undertake to pay simple interest on them, 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 payments will constitute the final resolution of the cases.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their common factual and legal background.
The Court takes note of the friendly settlements reached between the parties. It is satisfied that the settlements are 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 and to strike them out of its list of cases.
Claudia Westerdiek Peer Lorenzen
Registrar President