Natalya Vladimirovna BERLIZEVA & Ors (Yakut pensioners) v Russia - 50437/06 [2009] ECHR 1992 (12 November 2009)
The applicants failed to respond to the Court's warnings and did not submit observations, indicating they no longer wished to pursue their applications. No special circumstances required continued examination. Applications were struck out under Article 37 § 1 (a).
Source-derived case information.
- Citation
- [2009] ECHR 1992
- Parties
- Applicant: Natalya Vladimirovna Berlizeva and Others (Yakut pensioners); Respondent: Russian Government
- Jurisdiction
- European Union
- Procedural Posture
- European Court of Human Rights Application / Decision on Admissibility and Striking Out
- Outcome
- Applications joined and struck out of the list of cases.
- Legal Topics
- Right to a Fair Trial, Right to an Effective Remedy, Property Rights, Pension Calculation, Supervisory Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
Natalya Vladimirovna Berlizeva and Others (Yakut pensioners)
Applicant
Russian Government
Respondent
Procedural Posture
European Court of Human Rights Application / Decision on Admissibility and Striking Out
Legal Issues
- 1 Whether the quashing of binding judgments in favour of pensioners violated Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1
Ratio Decidendi
The applicants failed to respond to the Court's warnings and did not submit observations, indicating they no longer wished to pursue their applications. No special circumstances required continued examination. Applications were struck out under Article 37 § 1 (a).
Court Disposition
Applications joined and struck out of the list of cases.
Orders
- Applications are joined.
- Applications are struck out of the list.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Natalya Vladimirovna BERLIZEVA & Ors (Yakut pensioners) v Russia - 50437/06 [2009] ECHR 1992 (12 November 2009) URL: https://www.bailii.org/eu/cases/ECHR/2009/1992.html Cite as: [2009] ECHR 1992 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIRST SECTION DECISION Application no. 50437/06 by Natalya Vladimirovna BERLIZEVA and Others and 20 other “Yakut pensioners” cases against Russia The European Court of Human Rights (First Section), sitting on 12 November 2009 as a Chamber composed of: Christos Rozakis, President, Nina Vajić, Anatoly Kovler, Dean Spielmann, Sverre Erik Jebens, Giorgio Malinverni, George Nicolaou, judges, and Søren Nielsen, Section Registrar , Having regard to the above applications, Having deliberated, decides as follows: THE FACTS The applicants are 63 Russian nationals whose names and dates of birth are tabulated in the Annex. They were represented before the Court by Mr I. Novikov, a lawyer practising in Novosibirsk. The Russian Government (“the Government”) were represented by Ms V. Milinchuk and Mr G. Matyushkin, former and present Representatives 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, old-age pensioners from Yakutia, sued a pension authority for miscalculating their pensions. Binding judgments passed in their favour were quashed on supervisory review because of misinterpretation of material law. COMPLAINT The applicants complained under Articles 6 and 13 of the Convention, and Article 1 of Protocol No. 1 about the quashing of the judgments. THE LAW In view of the similarity of the applications, the Court finds it appropriate to join them. The Court sent the Government’s observations to Mr Novikov and requested him to submit in reply any observations together with any claims for just satisfaction. Not having received the observations in time, the Court warned Mr Novikov by registered post that under Article 37 § 1 (a) of the Convention it might strike the applications out of its list of cases if the circumstances led to the conclusion that the applicants did not intend to pursue the applications. Mr Novikov received these warnings, but no response of his has reached the Court. The dates of respective letters are shown in the Annex. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the cases. 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 and strike them out of its list of cases. Søren Nielsen Christos Rozakis Registrar President ANNEX Application no. Introduced on Applicant Born in Observations requested on Observations due by Warning sent on Warning received on 50437/06 28/10/06 Berzliyeva Natalya Vladimirovna 07/04/08 09/06/08 26/08/08 04/09/08 Zebolov Nikolay Mikhaylovich Krishtapovich Ludmila Borisovna Novikova Vera Ilyinichna Peresypkin Viktor Vasilyevich Polupoltinnykh Nina Ivanovna 50978/06 08/11/06 Romanenko Yuriy Mikhaylovich 07/04/08 09/06/08 26/08/08 04/09/08 Plaksina Olga Ivanovna Ovechkina Galina Konstantinovna 2584/07 16/12/06 Shirshova Tamara Mikhaylovna 11/09/08 13/11/08 20/02/09 04/03/09 2589/07 16/12/06 Levin Ivan Grigoryevich 11/09/08 13/11/08 20/02/09 04/03/09 Kiseleva Tatyana Vasilyevna Gazimullin Faiz Sharifulinovich 2595/07 16/12/06 Nalimova Tatyana Petrovna 11/09/08 13/11/08 20/02/09 04/03/09 2600/07 02/12/06 Sinelnikov Veniamin Petrovich 11/09/08 13/11/08 20/02/09 04/03/09 Popov Sergey Nikolayevich 2606/07 02/12/06 Nikitina Valentina Leontyevna 11/09/08 13/11/08 20/02/09 04/03/09 Nikitin Yuriy Nikolayevich 2629/07 02/12/06 Taganashkina Emma Davydovna 11/09/08 13/11/08 20/02/09 04/03/09 2632/07 02/12/06 Kashina Galina Ivanovna 11/09/08 13/11/08 20/02/09 04/03/09 2635/07 02/12/06 Agekyan Valentina Petrovna 11/09/08 13/11/08 20/02/09 04/03/09 Yeshkina Galina Semyonovna Yeshkin Aleksandr Grigoryevich 2637/07 02/12/06 Nurgaliyeva Olga Semyonovna 08/10/08 20/11/08 20/02/09 04/03/09 2640/07 15/10/06 Lukyanova Yelena Andreyevna 08/10/08 20/11/08 20/02/09 04/03/09 2642/07 23/11/06 Shubenko Olga Mikhaylovna 08/10/08 20/11/08 20/02/09 04/03/09 2646/07 23/11/06 Kashina Tatyana Nikolayevna 08/10/08 20/11/08 20/02/09 04/03/09 Kostornaya Nadezhda Georgiyevna Netronova Valentina Grigoryevna Nurgaliyev Georgiy Mubarakovich Popova Valentina Dmitriyevna Titova Natalya Aleksandrovna 3027/07 15/10/06 Borisenko Olga Valentinovna 06/02/09 10/04/09 13/07/09 04/08/09 Smirnova Olga Mikhaylovna Savko Ivan Mikhaylovich Demenchuk Nikolay Vasilyevich Krysov Fedor Markovich 3036/07 23/11/06 Bogatyreva Lidiya Fedorovna 04/02/09 08/04/09 13/07/09 04/08/09 Golovchenko Oleg Ivanovich Zaytseva Svetlana Valentinovna Kalashnikova Galina Kuzminichna Kudryavtseva Ludmila Ivanovna Levchenko Lubov Nikolayevna Salimova Farzana Farrakhovna Ukolov Valentin Mikhaylovich Yagudina Tatyana Ivanovna 3038/07 02/12/06 Denisova Olga Petrovna 04/02/09 08/04/09 13/07/09 04/08/09 Agarkov Aleksey Alekseyevich Kuznetsova Raissa Pavlovna Kiselev Vladimir Vasilyevich Chulykov Nikolay Nikitovich Timurkhanova Munira Gabdimalikovna 3347/07 08/11/06 Nikitina Vera Sergeyevna 07/04/08 09/06/08 26/08/08 04/09/08 Pilnova Nina Ivanovna Skobeyeva Lubov Adamovna Sokolnikova Tatyana Aleksandrovna Sokolnikov Aleksey Petrovich 4581/07 01/12/06 Gordiyenko Natalya Yakovlevna 07/04/08 09/06/08 26/08/08 04/09/08 Tergyuleva Yevguenia Yeremeyevna 8551/07 15/01/07 Osadchaya Raisa Yakovlevna 04/02/09 08/04/09 13/07/09 04/08/09 Osadchiy Anatoliy Ilyich 5428/07 19/12/06 Klepko Aleksandr Nikolayevich 13/02/09 17/04/09 13/07/09 04/08/09 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2009/1992.html