European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/298.html
Cite as: [2011] ECHR 298
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FIFTH SECTION
DECISION
Application no.
23137/06
by Yuriy Fedotovich MURAYENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 25 January 2011 as a Committee composed of:
Mark
Villiger,
President,
Isabelle
Berro-Lefèvre,
Ganna
Yudkivska,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above application lodged on 23 May 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Yuriy Fedotovich Murayenko, a Ukrainian national who was born in 1945 and lives in Novovoskresenskoye. The Ukrainian Government (“the Government”) were represented by Mrs V. Lutkovska, of the Ministry of Justice.
The applicant complained under Article 6 § 1 of the Convention about the length of the civil proceedings for compensation for pecuniary and non pecuniary damage. He also alleged a violation of Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 on account of lengthy non-enforcement of the judgment given on 28 November 2001 in his favour against a private company O.
On 7 October and 23 November 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,600 (two thousand six hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would 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. It 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 payment will constitute the final resolution of the case.
THE LAW
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.
Stephen Phillips Mark
Villiger
Deputy Registrar President