Постановление Европейского суда по правам человека от 08.04.2010 «Дело Ершова (Yershova) против России» [англ.]

y's liquidation

1. First judgment in the applicant's favour

8. In August 2000 the applicant was dismissed from the company.
9. On 7 December 2000 the Yakutsk Town Court of the Sakha (Yakutiya) Republic reinstated the applicant and ordered the company to pay her 16,632.32 Russian roubles (RUB) in arrears. The judgment was not appealed against and became enforceable on 17 December 2000. The applicant was immediately reinstated at the company.
10. According to the Government, the company paid the applicant RUB 16,632.32 between October 2000 [sic] and February 2001, thus voluntarily completing the enforcement of the award. They have not submitted any documents in this respect.

2. Liquidation order in respect of the company

11. At some point the Municipal Property Management Committee of Yakutsk Town Council withdrew a major part of its assets from the company and transferred it to a newly-created municipal unitary enterprise called the Yakutsk Municipal Unitary Enterprise, MUP Teploenergiya ("МУП Теплоэнергия") ("MUP Teploenergiya"). It appears that the newly-created enterprise had the same designated goal, that is, the supply of heating, assumed the same functions and was registered at the same address in Yakutsk as the company. The exact date of the transfer is unclear.
12. On 16 January 2001 the head of Yakutsk Town Council ordered the liquidation of the company, because it had become unprofitable, and appointed a liquidation commission.
13. According to a letter from the head of the Supreme Commercial Court of the Russian Federation of 11 October 2007, the applicant had not forwarded the writs of execution in respect of the judgment of 7 December 2000 to the company's insolvency manager.

3. Second judgment in the applicant's favour

14. On 14 June 2001 the applicant was again dismissed. She brought a court action challenging the dismissal.
15. On 3 December 2001 the Yakutsk Town Court allowed the applicant's action against the employer and awarded her compensation of RUB 50,357 payable by the liquidation commission of the company.

4. Enforcement proceedings in respect of two judgments

16. On 1 March 2001 the bailiff sent the writ of execution in respect of the first judgment to the head of the liquidation commission.
17. In January 2002 the applicant forwarded the writs of execution in respect of the second judgment to the insolvency manager.
18. She was listed in the list of creditors. The global amount of her claims was RUB 95,339.46, of which RUB 66,999.46 constituted the judgment debt and RUB 28,350 unpaid severance benefits.
19. By letters of 28 January and 27 May 2002 the insolvency manager of the company confirmed that the applicant's claims arising from the judgments of both 7 December 2000 and 3 December 2001 were included in the registry of the company creditors' claims.

5. Further developments in the insolvency proceedings

20. On 16 May 2001 the Yakutsk Town Court, on a complaint by a private individual, quashed the Municipal Property Management Committee's decision on the transfer of the company's assets' to MUP Teploenergiya and the decision by the head of Yakutsk Town Council to liquidate the company stating that it was unlawful. It appears that at some point this decision was upheld on appeal by the Supreme Court of the Sakha (Yakutiya) Republic. The parties have not submitted copies of the respective judicial decisions.
21. On 9 November 2001 the Commercial Court of the Sakha (Yakutiya) Republic declared the company insolvent and ordered the liquidation commission to start payments in respect of the creditors' claims.
22. On 29 November 2002 a local pros

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