FIFTH SECTION
DECISION
Application no. 27423/05
Andrey Vasilyevich CHUGUY
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 9 October 2012 as a committee composed of:
Mark Villiger, President,
Karel Jungwiert,
André Potocki, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 12 July 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrey Vasilyevich Chuguy, is a Ukrainian national, who was born in 1960 and lives in Armyansk. The Ukrainian Government (“the Government”) are represented by their Agent, Mr Nazar Kulchytskyy, of the Ministry of Justice.
The applicant complained under Article 1 of Protocol No. 1 to the Convention of violations of his property rights.
The applicant’s complaints under Article 1 of Protocol No. 1 were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letters dated 21 November 2011, sent by registered post, the applicant and his representative both were notified that the period allowed for submission of their observations had expired on 20 September 2011 and that no extension of time had been requested. The applicant’s and his 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. The applicant and his representative received their letters on 6 December 2011. However, no response has been received.
THE LAW
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.
Stephen PhillipsMark Villiger
Deputy RegistrarPresident
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