European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/728.html
Cite as: [2011] ECHR 728
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FIFTH SECTION
DECISION
Application no.
26080/07
by Natalia Mykolayivna SHOMAN
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 12 April 2011 as a Committee composed of:
Boštjan
M. Zupančič,
President,
Ganna
Yudkivska,
Angelika
Nußberger,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above application lodged on 10 June 2007,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Ms Natalia Mykolayivna Shoman, a Ukrainian national who lives in Kyiv. She was represented before the Court by Mr Y. P. Zeykan, a lawyer practising in Kyiv. The Ukrainian Government were represented by Ms Valeriya Lutkovska. The applicant complained about non-enforcement of a court judgment in her favour.
The application was communicated to the Government, who submitted their observations on the admissibility and merits. The applicant’s observations submitted in reply to those of the Government were not included into the case-file because they had been submitted outside the prescribed time-limit.
On 2 August 2010 the Government submitted a unilateral declaration concerning the above case. By a letter of 20 August 2010 the applicant was invited to submit her comments on the declaration. However, the applicant failed to do so. Moreover, she failed to respond to a registered letter dated 4 November 2010 warning the applicant of the possibility that her case might be struck out of the Court’s list.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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.
Stephen Phillips Boštjan M. Zupančič
Deputy
Registrar President