European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/629.html
Cite as: [2011] ECHR 629
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FIRST SECTION
DECISION
Application no.
24521/04 and other applications
Lyubov Viktorovna PIMENOVA and
Others
against Russia
(see appendix for other applications)
The European Court of Human Rights (First Section), sitting on 22 March 2011 as a Chamber composed of:
Nina
Vajić,
President,
Anatoly
Kovler,
Elisabeth
Steiner,
Khanlar
Hajiyev,
George
Nicolaou,
Mirjana
Lazarova Trajkovska,
Julia
Laffranque, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above applications,
Having deliberated, decides as follows:
THE FACTS
The applications were lodged by Ms Lyubov Viktorovna Pimenova and twenty-one other Russian nationals, whose names and years of birth are tabulated below. The respective dates of introduction of the applications are also shown in the table. Ms Skakalskaya was represented by Mr Y. Sapozhnikov, a lawyer practising in Osinniki. Mr Abalov was represented by Mr I. Savelyev, a lawyer practising in Moscow. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the Court.
The applicants complained about delayed enforcement of binding civil judgments given in their favour at the domestic level (for details see Appendix).
The applicants’ complaints concerning the non-enforcement were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants or their respective representatives, who were, invited to submit their own observations. No reply was received to the Registry’s letter.
By letters sent by registered post (for date see Appendix), the applicants or their respective representatives were notified that the period allowed for submission of their observations had expired (for date see Appendix) and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, no response has been received by the Court to date.
THE LAW
Given that the applications at hand concern similar sets of facts, the Court decides to join them pursuant to Rule 42 § 1 of the Rules of Court.
The Court considers that, in the above circumstances, the applicants may be regarded as no longer wishing to pursue their applications, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as def ined in the Convention and its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case 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 Nina
Vajić
Registrar President
APPENDIX
|
App. No. (lodged on) |
APPLICANT (year of birth) |
JUDGMENT OF (the Court) |
OBSERVATIONS DUE BY |
WARNING LETTER OF |
|
24521/04 06/05/2004 |
Pimenova Lyubov Viktorovna 1950 |
21 June 2000 Novgorod City Court |
29 July 2009 |
21 September 2009 |
|
40901/04 22/10/2004 |
Kondrashov Nikolay Stepanovich 1954 |
28 May 2001 Kushchevsky District Court of the Krasnodar Region |
18 June 2009 |
7 September 2009 |
|
1818/05 07/12/2004 |
Abalov Sergey Eduardovich 1959 |
19 December 2000 Moscow Garrison Military Court |
19 August 2009 |
12 November 2009 |
|
12731/05 28/02/2005 |
Goryayev Viktor Pavlovich 1957 |
25 June 2002 Garrison No. 238 Military Court |
19 August 2009 |
12 November 2009 |
|
24784/05 02/06/2005 |
Skakalskaya Galina Vasilyevna 1954 |
22 May 2002 Osinniki Town Court of the Kemerovo Region |
28 September 2009 |
10 February 2010 |
|
25516/05 21/06/2005 |
Borshchev Andrey Nikolayevich 1966 |
28 December 2004 Sertolovo Garrison Military Court |
19 August 2009 |
12 November 2009 |
|
26546/05 06/06/2005 |
Zagorulko Yuriy Yuryevich 1976 |
4 February 2004 Pushkin Garrison Military Court |
19 August 2009 |
12 November 2009 |
|
39824/05 21/10/2005 |
Ninichuk Vera Viktorovna 1959 |
20 October 2004 Leninsk-Kuznetsky Town Court |
28 September 2009 |
10 February 2010 |
|
5581/06 22/12/2005 |
Speranskiy Vladimir Konstantinovich 1934 |
29 June 2004 Oktyabrsky District Court of Saint-Petersburg |
28 September 2009 |
10 February 2010 |
|
21706/06 21/03/2006 |
Zhuk Sergey Viktorovich 1963 |
18 October 2005 Pushkin Garrison Military Court |
19 August 2009 |
12 November 2009 |
|
27682/06 23/05/2006 |
Kogut Igor Vladimirovich 1975 |
22 May 2003 Sverdlovsky District Court of Kostroma |
28 September 2009 |
10 February 2010 |
|
29249/06 22/06/2006 |
Kabakov Sergey Vladimirovich 1962 |
8 April 2004 Sverdlovsky District Court of Kostroma |
14 November 2008 |
17 December 2008 |
|
50979/06 17/11/2006 |
Sivozdrav Vasiliy Afanasyevich 1954 |
22 April 2005 Seryshevo District Court of the Amur Region |
26 June 2009 |
12 October 2009 |
|
5874/07 06/12/2006 |
Mukhin Andrey Sergeyevich 1965 |
9 November 2001 Sverdlovsky District Court of Kostroma |
28 September 2009 |
10 February 2010 |
|
12959/07 06/02/2007 |
Petrakova Olga Aleksandrovna 1965 |
21 December 2004 Dubrovsky District Court of the Bryansk Region |
26 June 2009 |
12 October 2009 |
|
20684/07 30/03/2007 |
Kozlov Yuriy Anatolyevich 1975 |
28 December 2004 Sverdlovsky District Court of Kostroma |
28 September 2009 |
10 February 2010 |
|
20930/07 01/04/2007 |
Usmanov Vladimir Shakirovich 1949 |
15 March 2005 Semikarakorsk District Court, Rostov Region |
28 September 2009 |
10 February 2010 |
|
15/05/2008 |
Kiselev Valeriy Ivanovich 1967 |
5 September 2007 Tambov Garrison Military Court |
19 August 2009 |
12 November 2009 |
|
44283/08 01/07/2008 |
Manzhos Igor Dmitriyevich 1962 |
1 August 2006 Moscow Garrison Military Court |
19 August 2009 |
12 November 2009 |
|
27817/09 26/09/2007 |
Leonov Vladimir Vladimirovich 1969 |
19 October 2005 13 December 2007 Kizel Town Court of the Perm Region |
24 March 2010 |
2 August 2010 |
|
28044/09 26/09/2007 |
Klepov Aleksandr Vasilyevich 1962 |
24 March 2006 14 December 2007 Kizel Town Court of the Perm Region |
24 March 2010 |
2 August 2010 |
|
28054/09 26/09/2007 |
Gabidulin Damir Sharifyanovich 1969 |
16 February 2006 11 January 2008 Kizel Town Court of the Perm Region |
24 March 2010 |
2 August 2010 |