FIFTH SECTION
DECISION
Application no. 24366/11
Volodymyr Oleksandrovych SARABASH
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 20 June 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 April 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Volodymyr Oleksandrovych Sarabash, was born in 1949 and lives in Reni, Odessa region.
The applicant was represented by Mr D.S. Zlati, a lawyer practising in Reni.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the failure of the domestic courts to examine his claim for damages, alleging that it had deprived him of the right of access to a court, was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. These 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 17 January 2019, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 3 December 2018 and that no extension of time had been requested. His 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. This letter was delivered on 31 January 2019. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 July 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
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