by Flyur Mukhametgareyevich IMANGULOV
The European Court of Human Rights (First Section), sitting on 19 March 2009 as a Chamber composed of:
Sverre Erik Jebens,
George Nicolaou, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 7 October 2007,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
The applicant, Mr Flyur Mukhametgareyevich Imangulov, is a Russian national who was born in 1948 and lives in Chebarkul. He is represented before the Court by Mr I.A. Rychkov, a lawyer practising in Chelyabinsk. The Russian Government (“the Government”) are represented by Mr G. Matyushkin, the Representative 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.
On 4 October 2004 the Tsentralnyy District Court of Chelyabinsk ordered the Town Council of Chelyabinsk to provide the applicant with a flat. On 29 November 2004 the Chelyabinsk Regional Court upheld the judgment on appeal, and it entered into force.
In their observations the Government submitted that on 29 February 2008 the respondent authority had provided the applicant with a flat.
The applicant complained under Article 6 of the Convention about prolonged non-enforcement of the judgment in his favour.
By letter dated 12 September 2008 the Government's observations were sent to the applicant's representative, who was requested to submit any observations together with any claims for just satisfaction in reply by 14 November 2008.
By letter dated 17 December 2008, sent by registered post, the applicant's representative was notified that the period allowed for submission of the applicant's observations had expired on 14 November 2008 and that no extension of time had been requested. The applicant's representative'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. On 23 January 2009 letter returned to the Court unclaimed.
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.
Søren Nielsen Christos Rozakis