FIFTH SECTION
DECISION
Application no. 30034/08
Lidiya Yuriyivna GUMINILOVYCH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 21 January 2021 as a Committee composed of:
Ivana Jelić, President,
Ganna Yudkivska,
Arnfinn Bårdsen, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 June 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Lidiya Yuriyivna Guminilovych, was born in 1957.
The applicant was represented by Mr I. D. Tyniv, a lawyer practising in Ivano-Frankivsk.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the reopening of the proceedings in a civil case to which she was a party and the quashing of a binding and enforceable domestic judgment favourable to her were communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit the observations on behalf of the applicant. No reply was received to the Registry’s letter.
By letters dated 17 April 2019, sent by registered post, the applicant and her representative were notified that the period allowed for submission of the observations had expired on 29 March 2019 and that no extension of time had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
According to the delivery slip, the applicant’s representative received the Registry’s letter on 30 April 2019. No delivery slip has arrived from the applicant and, to date, no response has been received either from her or her representative.
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 11 February 2021.
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Liv TigerstedtIvana Jelić
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy