FIFTH SECTION
DECISION
Application no. 14401/14
Sergiy Valentynovych CHUB
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 18 January 2024 as a Committee composed of:
Mārtiņš Mits, President,
Kateřina Šimáčková,
Mykola Gnatovskyy, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 7 February 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Sergiy Valentynovych Chub, was born in 1958. He was represented by Mr O.F. Nesterenko, a lawyer practising in Cherkasy.
The applicant’s complaints under Article 1 of Protocol No. 1 to the Convention concerning the invalidation of his title to a plot of land he had obtained from the local authorities were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.
The Government’s observations, received in April 2023, were sent to the applicant’s representative for comments via the Court’s electronic communications service (eComms). The files were downloaded, but no reply was provided within the set time-limit. The Registry contacted the applicant’s representative by phone; he said that the observations had been prepared but not sent for some technical reasons and confirmed that they would be sent.
As no observations had reached the Court, on 24 August and 16 November 2023 the applicant was, via eComms, warned that the time-limit for submission of his observations expired and that his case could be struck out of the list. In the last letter he was given the deadline until 1 December 2023 to confirm whether he was still interested in pursuing his application. Both letters were downloaded from the eComms platform but left without reply.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 8 February 2024.
Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President