FIRST SECTION
DECISION
Application no. 39838/03
by Olga Vasilyevna KRAVTSOVA
against Russia
The European Court of Human Rights (First Section), sitting on 5 November 2009 as a Chamber composed of:
Christos Rozakis, President,
Nina Vajić,
Anatoly Kovler,
Elisabeth Steiner,
Khanlar Hajiyev,
Dean Spielmann,
Sverre Erik Jebens, judges,
and Søren Nielsen, Section Registrar,
Having regard to the above application lodged on 10 November 2003,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Olga Vasilyevna Kravtsova, is a Russian national who was born in 1956 and lives in Valuyki, a town in the Belgorod Region. The Russian Government (“the Government”) are represented by Ms V. Milinchuk, former Representative of the Russian Federation at the European Court of Human Rights.
The facts of the case, as submitted by the parties, may be summarised as follows.
In 2003 the applicant obtained a judgment that indirectly entitled her to a municipal flat. The judgment became binding but its enforcement was delayed.
COMPLAINT
The applicant complained under Articles 6 and 13 of the Convention that the judgment was indirect and that it was not enforced.
THE LAW
On 13 May 2008 the Government's observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 15 July 2008.
On 14 May 2008 the Government transmitted to the Court the applicant's request to stop the proceedings in view of a full resolution of her claim. On 3 June 2008 the Court asked the applicant to confirm this request by 3 August 2008.
Having received no reply, on 15 October 2008 the Court notified the applicant by registered post that the period had expired. The applicant'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 received this letter on 6 November 2008. However, no response has been received.
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.
Søren NielsenChristos Rozakis
RegistrarPresident
Full & Egal Universal Law Academy