FIRST SECTION
DECISION
Application no. 33140/07
Viktor Dmitriyevich PYATAKOV
against Russia
The European Court of Human Rights (First Section), sitting on 24 March 2015 as a Committee composed of:
Khanlar Hajiyev, President,
Erik Møse,
Dmitry Dedov, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 25 June 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Viktor Dmitriyevich Pyatakov, is a Russian national, who was born in 1951 and lives in Shakhty, the Rostov Region. The Russian Government (“the Government”) were represented by Mr G. Matyushkin, the Representative of the Russian Federation at the European Court of Human Rights.
The applicant’s complaints concerning non-enforcement of three domestic judgments in his favour (dated 29 November and 20 December 2006 and 4 April 2007) were communicated to the Government who submitted their observations on the admissibility and merits. The case was then adjourned in line with the Burdov (no. 2) pilot judgment (Burdov v. Russia (no. 2), no. 33509/04, ECHR 2009). As the Government refused to settle the case in line with the aforementioned pilot judgment, the Court accordingly decided to resume the proceedings. On 3 November 2011 the Government’s observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letter dated 14 November 2014, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 13 December 2011 and that no extension of time had been requested. 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 letter was dispatched at the address provided by the applicant on 15 January 2015. 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.
Done in English and notified in writing on 16 April 2015.
André WampachKhanlar Hajiyev
Deputy RegistrarPresident
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