THIRD SECTION

DECISION

Application no . 47712/14 Vladimir Nikolayevich GORBUNOV against Russia

The European Court of Human Rights (Third Section), sitting on 26 September 2017 as a Committee composed of:

Luis López Guerra, President, Dmitry Dedov , Jolien Schukking , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 17 September 2014,

Having regard to the declaration submitted by the respondent Government on 13 September 2016 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Vladimir Nikolayevich Gorbunov , is a Russian national, who was born in 1980 and lives in the Kemerovo Region.

The Russian Government (“the Government”) were represented initially by Mr G. Matyushkin , the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin .

The applicant complained under Article 6 of the Convention about his absence from civil proceedings.

The application was communicated to the Government.

On 13 September 2016 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. They acknowledged a violation of the applicant ’ s rights guaranteed by Article 6 of the Convention and undertook to pay him the amount of 1,500 euros (EUR) to cover any pecuniary and non-pecuniary damage, as well as costs and expenses, which will be converted into Russian roubles at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The payment would be effected within three months from the date of notification of the decision taken by the Court. In the event of failure to pay within that 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 Government requested the Court to strike out the application.

On 11 August 2017 the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government ’ s 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 its Protocols and finds no reasons to justify a continued examination of the application.

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 pursuant to Article 39 of the Convention.

Done in English and notified in writing on 19 October 2017 .

FatoÅŸ Aracı Luis López Guerra              Deputy Registrar President