THIRD SECTION

DECISION

Application no. 16691/06 Vera Nikolayevna SMIRNOVA

against Russia

The European Court of Human Rights (Third Section), sitting on 29 August 2019 as a Committee composed of:

Alena Poláčková, President, Dmitry Dedov, Gilberto Felici, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 26 August 2002,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant ’ s complaint under Article 6 of the Convention, concerning the non-enforcement of the judgment of 14 June 2000 in the applicant ’ s favour, was communicated to the Russian Government (“the Government”) .

The Government submitted a declaration with a view to resolving the issue raised by the complaint. They further requested the Court to strike out the application.

The Government acknowledged the lengthy enforcement of the judgment of the Gagarinskiy District Court of Moscow of 14 June 2000. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it , from the 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 applicant informed the Court that she agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list as regards the complaint under Article 6 concerning the non-enforcement of the judgment of 14 June 2000.

The applicant also raised other complaints under various articles of the Convention.

The Court has examined the application and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints either do not meet the admissibility criteria set out in Articles 34 and 35 of the Convention or do not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.

It follows that this part of the application must be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention as regards the complaint under Article 6 concerning the non-enforcement of the judgment of 14 June 2000;

Declares the remainder of the application inadmissible.

Done in English and notified in writing on 19 September 2019 .

Liv Tigerstedt Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 of the Convention

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Date of receipt of Government ’ s declaration

Date of receipt of applicant ’ s acceptance

Amoun t awarded for pecuniary and non ‑ pecuniary damage and costs and expenses

per applicant

(in euros) [i]

16691/06

26/08/2002

Vera Nikolayevna Smirnova

12/01/1928

Moscow

Marina Borisovna Smirnova (Borisova)

Moscow

23/03/2016

24/06/2016

3,100

[i] . Plus any tax that may be chargeable to the applicant .