PETRENKO AND OTHERS v. UKRAINE
Doc ref: 7581/05;22320/09;35084/09;21822/10;50824/10;24402/11;9075/16 • ECHR ID: 001-168080
Document date: September 29, 2016
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FIFTH SECTION
DECISION
Application no. 7581/05 Yevgeniya Grigoryevna PETRENKO against Ukraine and 6 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 29 September 2016 as a Committee composed of:
Khanlar Hajiyev, President, Faris Vehabović, Carlo Ranzoni, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) .
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
1. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law, except for the complaints raised by the second and the third applicants, Ms Lidiya Romanovna Kovalskaya and Ms Nadezhda Romanovna Pugach, in application no. 21822/10 .
2. As regards the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law raised by the second and the third applicants in application no. 21822/10, as well as other complaints under other provisions of the Convention raised in this application, t he 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, their complaints 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 join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law, except for the complaints raised by the second and the third applicants in application no. 21822/10 ;
Declares the remainder of application no. 21822/10 i nadmissible.
Done in English and notified in writing on 20 October 2016 .
Hasan Bakırcı Khanlar Hajiyev Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros) [i]
7581/05
14/02/2005
Yevgeniya Grigoryevna PETRENKO
29/08/1944
26/05/2016
07/01/2016
4,400
22320/09
16/04/2009
Nadiya Denysivna GRUN
01/08/1938
27/04/2016
06/08/2015
2,400
35084/09
22/05/2009
Ivan Grygorovych NECHYPORUK
22/08/1954
26/05/2016
28/04/2016
900
21822/10
10/04/2010
Tamara Romanovna POLYAKOVA
11/11/1937
26/05/2016
08/03/2016
900
50824/10
19/08/2010
Ivanna Ivanivna GUKOVYCH
16/04/1944
05/04/2016
12/08/2015
1,800
24402/11
07/04/2011
Yelena Vasilyevna SAKHANENKO
22/02/1968
26/05/2016
07/01/2016
2,300
9075/16
26/03/2006
Volodymyr Borysovych APUSHKIN
28/11/1946
24/06/2016
16/06/2016
2,400
[i] Plus any tax that may be chargeable to the applicants.