European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 21013/07
Lyudmila Mikhaylovna YEGUPOVA against Ukraine
and 10 other applications
(see list appended)

The European Court of Human Rights (Fifth Section), sitting on 5 June 2012 as a committee composed of:

Mark Villiger, President,
Karel Jungwiert,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above applications lodged on various dates,

Having deliberated, decides as follows:

THE FACTS

The applicants are Ukrainian nationals whose details are specified in the table attached below. The Ukrainian Government (“the Government”) were represented by their Agents, Ms Valeria Lutkovska and Mr Nazar Kulchytskyy, of the Ministry of Justice.

On various dates (see the table below) the national courts ordered the State authorities to take certain actions or to pay various pecuniary amounts to the applicants. Those judgments became final, but the authorities delayed their enforcement.

COMPLAINTS

The applicants complained about the delayed enforcement of the judgments given in their favour. Some of them also raised other complaints.

THE LAW

The Government invited the Court to strike the applications out of the list of cases and suggested that the declarations might be accepted by the Court as “any other reason” justifying the striking out of the cases of the Court’s list of cases, as referred to in Article 37 § 1 (c) of the Convention.

The compensation sums were to cover any pecuniary and non-pecuniary damage as well as costs and expenses, would be free of any taxes that might be applicable and would be converted into the national currency of the respondent State at the rate applicable on the date of settlement. They would 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 Rights¹. In the event of failure to pay these sums within the said three-month period, the Government undertook 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. This payment would constitute the final resolution of the cases.

In reply, the applicants agreed with the declarations, even though some of them doubted that the Government would comply with their terms.

In light of the above, the Court considers that the parties have actually reached a friendly settlement in respect of these parts of the applications. Therefore, they should be struck out of the list in accordance with Article 39 § 3 of the Convention.

For these reasons, the Court unanimously

Decides to join the applications;

Decides to strike them out of its list of cases in so far as they concern the complaints about the delayed enforcement of the applicants’ judgments in accordance with Article 39 § 3 of the Convention;

Declares the remainder of the applications inadmissible.

Stephen Phillips Mark Villiger
Deputy Registrar President

APPENDIX