THIRD SECTION
DECISION
Application no. 66876/09
Tatyana Ivanovna KOZLOVA and Aleksey Ilyich KOZLOV
against Russia
The European Court of Human Rights (Third Section), sitting on 26 September 2017 as a Committee composed of:
Luis López Guerra, President,
Dmitry Dedov,
Jolien Schukking, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 1 December 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Ms Tatyana Ivanovna Kozlova and Mr Aleksey Ilyich Kozlov, are Russian nationals, who were born in 1955 and 1987 respectively and live in Moscow. They were represented before the Court by Mr O. Anishchik, a lawyer practising in St Petersburg.
The applicants’ complaints concerning their eviction from the state‑owned housing were communicated to the Russian Government (“the Government”), who were represented initially by Mr G. Matyushkin, the Representative of the Russian Federation to the European Court of Human Rights, and then by his successor in that office, Mr M. Galperin.
The applicants failed to respond to the Registry’s letter of 5 September 2016 reminding them that their observations in one of the Court’s official languages had to reach the Court by 3 October 2016 at the latest.
The applicants failed to respond to the Registry’s letter of 26 October 2016 (received by their representative on 7 December 2016) requesting them to return to the Court duly completed Claim Form for Fees and Expenses and a Bank Transfer Payment Form.
By letter dated 8 December 2016, sent by registered post, the applicants were notified that the period allowed for submission of the translation of their observations in one of the Court’s official languages had expired on 3 October 2016 and that no extension of time had been requested. The applicants’ 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 Registry’s letter returned to the Court on 9 February 2017 undelivered.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.
Done in English and notified in writing on 19 October 2017.
Fatoş AracıLuis López Guerra
Deputy RegistrarPresident
Full & Egal Universal Law Academy