Tamara Vasilyevna Len and Grigoriy Kuzmich Len - 852/05 [2009] ECHR 2029 (10 December 2009)

Tamara Vasilyevna Len and Grigoriy Kuzmich Len - 852/05 [2009] ECHR 2029 (10 December 2009)

The State's prolonged failure to enforce final judgments in favour of the applicants constitutes a violation of Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 of the Convention, as the Government did not provide any convincing justification or effective remedy for the non-enforcement.

Source-derived case information.

Citation
[2009] ECHR 2029
Parties
Applicant: Tamara Vasilyevna Len; Applicant: Grigoriy Kuzmich Len; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
10 December 2009
Procedural Posture
Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Just Satisfaction
Outcome
Judgment for the applicants; violations found; just satisfaction awarded.
Legal Topics
Non Enforcement of Judgments, Right to a Fair Trial, Right to an Effective Remedy, Peaceful Enjoyment of Possessions
Human Rights Law Labour Law Non Enforcement of Judgments Right to a Fair Trial Right to an Effective Remedy Peaceful Enjoyment of Possessions

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Parties

Tamara Vasilyevna Len

Applicant

Grigoriy Kuzmich Len

Applicant

Ukraine

Respondent

Procedural Posture

Application Under Article 34 of the European Convention on Human Rights / Judgment on Merits and Just Satisfaction

Legal Issues

  1. 1 Whether the lengthy non-enforcement of domestic judgments in favour of the applicants violated Article 6 § 1 of the Convention
  2. 2 Whether there was a violation of Article 1 of Protocol No. 1 regarding peaceful enjoyment of possessions
  3. 3 Whether there was a violation of Article 13 regarding effective remedies

Ratio Decidendi

The State's prolonged failure to enforce final judgments in favour of the applicants constitutes a violation of Article 6 § 1, Article 13, and Article 1 of Protocol No. 1 of the Convention, as the Government did not provide any convincing justification or effective remedy for the non-enforcement.

Court Disposition

Judgment for the applicants; violations found; just satisfaction awarded.

Orders

  • Respondent State to pay the outstanding debts under the domestic decisions in favour of the applicants within three months.
  • Respondent State to pay Ms Len EUR 900 and Mr Len EUR 1,800 in respect of pecuniary damage.