CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 21 février 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s2EF17D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sC800182F { font-family:Arial; color:#0000ff } .sF7A86111 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; font-size:10pt } .s4B243ECC { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; page-break-inside:avoid; page-break-after:avoid } .s5F897A7E { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt } .s7E985A65 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; font-size:1pt } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .s5830ECD9 { width:0.2pt; display:inline-block } .sCA6C4ED6 { width:194.76pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block }     FOURTH SECTION DECISION Application no. 47753/15 Valeriy Dmytrovych FROLOV against Ukraine The European Court of Human Rights (Fourth Section), sitting on 21   February 2017 as a Committee composed of:   Nona Tsotsoria, President,   Krzysztof Wojtyczek,   Marko Bošnjak, judges, and Andrea Tamietti, Deputy Section Registrar, Having regard to the above application lodged on 29 March 2016, Having regard to the declaration submitted by the respondent Government on 30 November 2016 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration, Having deliberated, decides as follows: FACTS AND PROCEDURE 1.     The applicant, Mr Valeriy Dmytrovych Frolov, is a Ukrainian national, who was born in 1953 and lives in Mykolayiv. 2.     The Ukrainian Government (“the Government”) were represented by their Agent, most recently Mr I. Lishchyna, of the Ministry of Justice. 3.     The applicant complained under Article   6 § 1 and   Article 13 of the Convention about the excessive length of civil proceedings in his case and the lack of any effective remedy in domestic law. 4.     The application was communicated to the Government . THE LAW 5.     The applicant complained about the excessive length of civil proceedings he had instituted and the lack of any effective remedy in that respect. He relied on Articles   6 § 1 and   13 of the Convention. 6.     After the failure of attempts to reach a friendly settlement, by a letter of 30 November 2016, the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article   37 of the Convention. 7.     The declaration provided as follows: “The Government of Ukraine acknowledge the violation of the applicant’s rights by the excessive length of the proceedings in the applicant’s case before the national courts and the lack of the effective domestic remedies with respect to the length of the proceedings. The Government of Ukraine offer to pay to Mr Valeriv Dmytrovych Frolov EUR   1,080 (one thousand and eighty) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum will be converted into the national 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 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 undertake 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.” 8.     By a letter of 5 January 2017, the applicant indicated that he was not satisfied with the terms of the unilateral declaration. 9.     The Court reiterates that Article   37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article   37   §   1   (c) enables the Court in particular to strike a case out of its list if: “for any other reason established by the Court, it is no longer justified to continue the examination of the application”. 10.     It also reiterates that in certain circumstances, it may strike out an application under Article   37   §   1   (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued. 11.     To this end, the Court has examined the declaration in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment ( Tahsin Acar v. Turkey (preliminary objections) [GC], no.   26307/95, §§ 75-77, ECHR 2003-VI; WAZA Sp. z o.o. v. Poland (dec.), no. 11602/02, 26   June   2007; and Sulwińska v. Poland (dec.), no. 28953/03, 18   September   2007). 12.     The Court has established in a number of cases, including those brought against Ukraine, its practice concerning complaints about the violation of one’s right to a hearing within a reasonable time (see, for example, Frydlender v.   France [GC], no.   30979/96, §§ 43 and 45, ECHR   2000-VII; Majewski v.   Poland , no.   52690/99, 11 October 2005; Svetlana Naumenko v.   Ukraine, no. 41984/98, 9 November 2004 and Efimenko v.   Ukraine, no.   55870/00, 18 July 2006). 13.     Having regard to the nature of the admissions contained in the Government’s declaration, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article   37   §   1   (c)). 14.     Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine ). 15.     Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article   37 § 2 of the Convention ( Josipović v. Serbia (dec.), no. 18369/07, 4   March 2008). In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court, unanimously, Takes note of the terms of the respondent Government’s declaration under Articles 6 § 1 and 13 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein; Decides to strike the application out of its list of cases in accordance with Article   37   §   1   (c) of the Convention.   Done in English and notified in writing on 16 March 2017.   Andrea Tamietti   Nona Tsotsoria Deputy Registrar   President