FIFTH SECTION

DECISION

Application no. 4360/04 by Anna Ivanovna SEMENOVA against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 3 July 2007 as a Chamber composed of:

Mr P. Lorenzen , President , Mrs S. Botoucharova , Mr V. Butkevych , Mrs M. Tsatsa-Nikolovska , Mr R. Maruste , Mr J. Borrego Borrego , Mrs R. Jaeger, judges , and Mrs C. Westerdiek , Section Registrar ,

Having regard to the above application lodged on 9 December 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together ,

Having regard to the formal declarations accepting a friendly settlement of the case ,

Having deliberated, decides as follows:

THE FACTS

The applicant, M r s Anna Ivanovna Semenova, is a Ukrainian national who was born in 1950 and lives in Zh ovti Vody , Dnipropetrovs ’ k region .

The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev .

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 18 May 1999 the Zhovti Vody Court ordered the State-owned JSC “Elektron-Gaz” (E.) to pay the applicant UAH 2,639 [1] in salary arrears. This judgment became final on 1 June 1999 .

On the same day, the Zhovti Vody Bailiffs ’ Office instituted enforcement proceedings.

On 7 March 2003 the Dnipropetrovs ’ k Commercial Court instituted bankruptcy proceedings in respect of E.

On 22 September 2003 the same court declared the applicant a creditor for UAH 6,579 [2] , i.e. the total amount of salary arrears.

On 22 August 2005 the applicant informed the Court that the judgment of 18 May 1999 had not been enforced because of the debtor ’ s lack of funds. She also complained that she had unsuccessfully submitted petitions to various authorities seeking enforcement of the judgment.

COMPLAINT

The applicant complained under Article 17 of the Convention and Article 1 of the Protocol No. 1 about the non-enforcement of the final decision of the Zhovti Vody Court of 18 May 1999 given in her favour.

THE LAW

On 8 November 2006 the Court received the following declaration, signed by the applicant:

“I, Anna Ivanovna Semenova, note that the Government of Ukraine are prepared to pay me ex gratia the sum of EUR 2,600 (two thousand and six hundred euros) as well as the judgments debts still owed to me with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum of EUR 2,600 (two thousand and six hundred euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Ukraine in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

On 23 November 2006 the Court received the following declaration from the Government:

“I, Yuriy Zaytsev, Agent of the Government before the European Court of Human Rights, declare that the Government of Ukraine offer to pay ex gratia EUR 2,600 (two thousand and six hundred euros) to Ms Anna Ivanovna Semenova, as well as the judgments ’ debts still owed to her, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum of EUR 2,600 (two thousand and six hundred euros), which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into the national currency of the respondent State at the rate applicable on the date of payment, and 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 undertake 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 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). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it sh ould be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek P eer L orenzen Registrar President

[1] 1. EUR 617.34

[2] 2. EUR 1,114.36