FIFTH SECTION

DECISION

Application no. 16246/07 by Aleksandr Sergeyevich IVANOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 9 November 2010 as a Committee composed of:

Mark Villiger , President, Isabelle Berro-Lefèvre , Ganna Yudkivska , judges, and Stephen Phillips , D eputy Section Registrar ,

Having regard to the above application lodged on 24 March 2007,

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

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Mr Aleksandr Sergeyevich Ivanov , a Ukrainian national who was born in 1930 and lives in Torez . The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev .

The applicant complained about non-enforcement of a judgment in his favour.

Th e Court received friendly settlement declarations signed by the parties on 21 May and 2 September 2009 under which the applicant agreed to waive any further claims against Ukraine in respect of the facts giving rise to this application against an undertaking by the Government to enforce the judgment in his favour and to pay him 1,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be converted into national currency at the rate applicable on the date of payment, and will be free of a ny taxes that may be applicable . It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

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.

             Stephen Phillips Mark Villiger              Deputy Registrar President