NEDILKO AND OTHERS v. UKRAINE
Doc ref: 77376/12;22265/13;44182/13;67389/13;67826/13;868/14;1542/14;8049/14;23945/14;38352/14;46005/14 • ECHR ID: 001-158003
Document date: September 17, 2015
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FIFTH SECTION
DECISION
Application no. 77376/12 Mayya Mikhaylivna NEDILKO against Ukraine and 10 other applications (see list appended)
The European Court of Human Rights ( Fifth Section ), sitting on 17 September 2015 as a Committee composed of:
Angelika Nußberger, President, Boštjan M. Zupančič, Vincent A. De Gaetano, judges,
and Karen Reid , 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
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.
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 .
Done in English and notified in writing on 8 October 2015 .
Karen Reid Angelika Nußberger Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention ( excessive length of civil proceedings and lack of any effective remedy in domestic law)
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 / household
(in euros ) [i]
77376/12
15/11/2012
Mayya Mikhaylivna NEDILKO
21/10/1933
11/06/2015
09/04/2015
900
22265/13
05/02/2013
Nataliya Vasylivna GLADYK
17/05/1976
18/06/2015
28/04/2015
500
44182/13
01/07/2013
Nelya Kamolivna RYBALO
26/10/1946
11/06/2015
04/05/2015
1,200
67389/13
23/10/2013
Ganna Afanasiyivna MELNYK
11/01/1953
11/06/2015
23/04/2015
600
67826/13
17/10/2013
Sergiy Anatoliyovych KOLOMOYETS
10/01/1963
11/06/2015
21/04/2015
1,200
868/14
18/12/2013
Galyna Petrivna KONONENKO
01/01/1937
18/06/2015
09/04/2015
2,900
1542/14
14/12/2013
Mykola Petrovych PROKOPENKO
22/08/1947
11/06/2015
23/06/2015
900
8049/14
10/01/2014
Aleksandr Aleksandrovich KONIN
12/06/1978
11/06/2015
16/06/2015
2,400
23945/14
14/03/2014
Igor Stepanovych KUDLYAK
19/09/1958
11/06/2015
27/05/2015
900
38352/14
19/06/2014
Tamara Fedorivna RYABOKON
25/02/1953
11/06/2015
19/03/2015
1,200
46005/14
28/07/2014
Lyubov Ivanivna KRAPTSOVA
08/11/1949
11/06/2015
16/06/2015
600[i] Plus any tax that may be chargeable to the applicant(s)