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LEBEDEVA v. RUSSIA

Doc ref: 24016/07 • ECHR ID: 001-168805

Document date: October 11, 2016

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LEBEDEVA v. RUSSIA

Doc ref: 24016/07 • ECHR ID: 001-168805

Document date: October 11, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 24016/07 Yuliya Viktorovna LEBEDEVA against Russia

The European Court of Human Rights (Third Section), sitting on 11 October 2016 as a Committee composed of:

Helena Jäderblom, President, Dmitry Dedov, Branko Lubarda, judges,

and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 11 May 2007,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Yuliya Viktorovna Lebedeva, is a Russian national, who was born in 1975 and lives in Moscow.

The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights.

The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention about the quashing by way of supervisory review of a final domestic judgment in her favour.

On 24 August and 5 September 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Russia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 2,000 euros to cover any 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. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said 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 LAW

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 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.

The Court ’ s present ruling is without prejudice to any decision it might take to restore, pursuant to Article 37 § 2 of the Convention, the present application to the list of cases (see E.G. and Others v. Poland and 175 other Bug River applications (dec.), no. 50425/99, § 29, ECHR 2008 (extracts)).

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.

Done in English and notified in writing on 10 November 2016 .

FatoÅŸ Aracı Helena Jäderblom              Deputy Registrar President

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