Averyanova and Others v. Russia

FIRST SECTION

Application no. 18284/10 by Galina Nikolayevna AVERYANOVA and Others against Russia

The European Court of Human Rights (First Section), sitting on 3 June 2010 as a Chamber composed of:

Christos Rozakis, President, Nina Vajić, Anatoly Kovler, Elisabeth Steiner, Khanlar Hajiyev, Giorgio Malinverni, George Nicolaou, judges, and André Wampach, Deputy Section Registrar,

Having regard to the above application lodged on 15 May 2003,

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

Having deliberated, decides as follows:

PROCEDURE

The applicants are Russian citizens residing in Yelnat, Ivanovo Region, whose names are tabulated below.

The Russian Government (“the Government”) are represented by their Agents, Mr Laptev and Ms Milinchuk, the former Representatives of the Russian Federation at the European Court of Human Rights.

The applicants complained about prolonged non-payment of children allowances awarded to them by the domestic court.

The Court initially examined the present applications together with those lodged by three other applicants in the case no. 24381/03 (Kalinina and Others v. Russia).

On 12 December 2005 the case was communicated to the respondent Government.

On 13 June 2006 the Court received friendly settlement declarations signed by the Government and the seven applicants listed below who agreed to waive any further claims against the Russian Federation in respect of the facts giving rise to their applications against an undertaking by the Government to pay them the sums tabulated below covering pecuniary and non-pecuniary damage as well as costs and expenses. The sums were to be converted into Russian roubles at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. They would 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 these sums 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 would 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.

André Wampach Christos Rozakis Deputy Registrar President

APPENDIX

Applicant’s name

Sums to be paid under the friendly settlements

Judgment debt (euros)

Sums to cover pecuniary and non-pecuniary damage as well as costs and expenses (euros)

Averyanova

Galina Nilolayevna

48 (forty eight)

150 (one hundred fifty)

Borisenko

Vera Aleksandrovna

52 (fifty two)

188 (one hundred eighty eight)

Burdylev

Nikolay Mikhaylovich

104 (one hundred and four)

370 (three hundred seventy)

Glebova

Marina Vladimirovna

96 (ninety six)

313 (three hundred thirteen)

Kirsanov

Leonid Nikolayevich

70 (seventy)

200 (two hundred)

Plichkina

Nataliya Aleksandrovna

141 (one hundred forty one)

448 (four hundred forty eight)

Zapankov

Valeriy Anatoliyevich

56 (fifty six)

192 (one hundred ninety two)