FIFTH SECTION
DECISION
Application no. 32878/07
by Andriy Anatoliyovych SIMONENKO
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 16 March 2010 as a Chamber composed of:
Peer Lorenzen, President,
Renate Jaeger,
Karel Jungwiert,
Rait Maruste,
Mark Villiger,
Isabelle Berro-Lefèvre, judges,
Mykhaylo Buromenskiy, ad hoc judge,
and Claudia Westerdiek, Section Registrar,
Having regard to the above application lodged on 4 July 2007,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andriy Anatoliyovych Simonenko, is a Ukrainian national who was born in 1969 and lives in Lutsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev. The applicant complained under Article 6 § 1 of the Convention about non-enforcement of a judgment in his favour.
Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the case on 19 March 2009. By a letter of 30 March 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 11 May 2009. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 21 July 2009 warning the applicant of the possibility that his case might be struck out of the Court’s list.
THE LAW
Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 this application.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy