European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 7960/06
by Sergiy Markovych KLYMETS
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 7 October 2008 as a Chamber composed of:

Rait Maruste, President,
Karel Jungwiert,
Volodymyr Butkevych,
Renate Jaeger,
Mark Villiger,
Isabelle Berro-Lefèvre,
Mirjana Lazarova Trajkovska, judges,
and Claudia Westerdiek, Section Registrar,

Having regard to the above application lodged on 7 February 2006,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Sergiy Markovych Klymets, is a Ukrainian national who was born in 1964 and lives in the village of Korost, Rivne Region, Ukraine. The Ukrainian Government (“the Government”) are represented by their Agent, Mr Y. Zaytsev.

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicant was a teacher and director of a school.

On 10 April 2003 the applicant instituted civil proceedings in the Sarny Local Court against his employer, the Department of Education of the Sarny District State Administration, for salary arrears and compensation.

On 24 November 2003 the court awarded the applicant a total of 922 Ukrainian hryvnas (UAH).

On 30 January 2004 the enforcement proceedings were terminated as the judgment could not be enforced due to the lack of funds in the State budget for such expenditures.

COMPLAINTS

The applicant complained under Article 6 § 1 about the State authorities' failure to enforce the judgment of the Sarny Local Court of 24 November 2003. He also relied on Articles 1 and 53 of the Convention.

THE LAW

By a letter dated 14 May 2007 the Government's observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 26 June 2007

By a letter dated 9 November 2007, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 26 June 2007 and that no extension of time had been requested. The applicant's attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. However, on 24 November 2007 the applicant only returned to the Court a copy of the Government's observations without any explanations. No further response has been received.

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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 case. 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.

Claudia Westerdiek Rait Maruste
Registrar President