European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 42747/05
by Oleg Petrovich Grebenyuk
against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 20 October 2009 as a Chamber composed of:

Peer Lorenzen, President,
Renate Jaeger,
Karel Jungwiert,
Rait Maruste,
Mark Villiger,
Isabelle Berro-Lefèvre, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 5 November 2005,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Oleg Petrovich Grebenyuk, is a Ukrainian national who was born in 1961 and lives in the village of Vyshkovo. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev. The applicant complained under Article 13 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of a court judgment in his favour.

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the case on 9 February 2009. By a letter of 26 February 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 9 April 2009. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 5 May 2009 warning the applicant of the possibility that his case might be struck out of the Court’s list.

THE LAW

Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 this application.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Stephen Phillips Peer Lorenzen
Deputy Registrar President