Nayda and Others v. Russia
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 15399/06
by Inna Grigoryevna NAYDA
and 6 other applications (16071/06, 16095/06, 16096/06, 16142/06, 23535/06 and 26662/06)
against Russia
The European Court of Human Rights (First Section), sitting on 26 March 2009 as a Chamber composed of:
Christos Rozakis, President, Anatoly Kovler, Elisabeth Steiner, Dean Spielmann, Sverre Erik Jebens, Giorgio Malinverni, George Nicolaou, judges, and Søren Nielsen, Section Registrar ,
Having regard to the above seven applications listed in Annex I,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS
The applicants are seven Russian nationals, whose names and dates of birth are listed in the Annex I. The Russian Government (“the Government”) are represented by Mr G. Matyushkin, Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
The applicants sued the municipal enterprise Engelslift EMO of the Saratov Region for unpaid salary.
On the dates tabulated in Appendix I the Justice of the Peace of the 8th Court Circuit of Engels of the Saratov Region by court writs and judgments ordered the respondent enterprise to pay the applicants the sums indicated in Appendix I in respect of salary arrears. The awards became enforceable on the dates listed in Appendix I. The final judicial decisions in the applicants' favour remain unexecuted in part.
COMPLAINT
The applicants complained under Article 6 § 1 of the Convention about non-execution of the final judicial decisions in their favour.
THE LAW
On 2 February 2009 the Government informed the Court that the applicants and the Engels Municipal District Council of the Saratov Region had reached a settlement. They submitted copies of the similar settlement agreements, each dated 26 December 2008 and signed by the Head of the Engels Municipal District Council and an applicant concerned. Under the terms of the respective agreements, the Head of the Engels Municipal District Council undertook to arrange payment to the applicants of the amounts indicated in Appendix II in respect of the judgment debts and compensation of non-pecuniary damage caused by the non-enforcement of the domestic awards in their favour. Those sums should be paid to the applicants within three months from the date of notification of the Court's decision under Article 39 of the Convention. The applicants undertook to withdraw their application lodged with the Court.
On 10 February 2009 a copy of the Government's letter of 2 February 2009 and the respective settlement agreements were sent to the applicants.
The Court takes note of the friendly settlement reached at the domestic level. It is satisfied that the settlements are 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 cases out of the list.
For these reasons, the Court unanimously
Decides to strike the applications out of its list of cases.
Søren Nielsen Christos Rozakis Registrar President
Appendix I. Applicants and domestic judgments in their favour
Application,
date of intro.
Applicant's name
Judgments or court writs
Award
(RUB)
Award enforceable on
15399/06
09/03/2006
NAYDA Inna Girgoryevna (1940)
15 January 2003
(court writ)
12,791.74
15 January 2003
21 January 2003
43,778.80
1 February 2003
13 March 2003
1,000.00
24 March 2003
16071/06
09/03/2006
GRIGORYEVA Tatyana Vasilyevna (1949)
29 March 2002
(court writ)
14,542.65
29 March 2002
17 February 2003
(judgment)
47,288.39
28 February 2003
16095/06
17/03/2006
KUZNETSOVA Tatyana Valentinovna (1968)
15 January 2003
(court writ)
7,171.48
15 January 2003
21 January 2003
7,419.84
3 February 2003
13 March 2003
1,000.00
24 March 2003
16096/06
16/03/2006
SHONINA Vera Grigoryevna (1945)
15 January 2003
(court writ)
12,791.74
15 January 2003
21 January 2003
55,978.43
3 February 2003
13 March 2003
1,000.00
24 March 2003
16142/06
17/03/2006
NUSHTAYEVA Lyudmila Ivanovna (1954)
29 March 2002
(court writ)
12,123.52
29 March 2002
25 August 2003
27,024.84
5 September 2003
23535/06
10/04/2006
BEDNOVA Galina Vasilyevna (1954)
18 March 2002
(court writ)
15,754.55
18 March 2002
1 April 2002
(court writ)
3,303.83
1 April 2002
11 April 2002
10,377.49
23 April 2002
26662/06
28/03/2006
ALIMOVA Natalya Aleksandrovna (1954)
11 March 2002
(court writ)
15,582.73
11 March 2002
22 March 2002
(court writ)
13,370.86
22 March 2002
11 April 2002
10,574.98
23 April 2002
APPENDIX II. Terms of the settlement agreements
Application
Applicant's name
Amount to be paid in respect of:
Judgment debt
(RUB)
Non-pecuniary damage (RUB)
15399/06
Nayda I.G.
57,570.54
60,000
16071/06
Grigoryeva T.V.
61,831
60,000
16095/06
Kuznetsova T.V.
15,591.32
15,000
16096/06
Shonina V.G.
69,770.17
70,000
16142/06
Nushtayeva L. I.
39,148
40,000
23535/06
Bednova G.V.
29,435.87
30,000
26662/06
Alimova N.A.
39,528.57
40,000