SECOND SECTION
DECISION
Application no. 42791/02
by Yuriy Ivanovich IVANSKIY
against Ukraine
The European Court of Human Rights (Second Section), sitting on 11 October 2005 as a Chamber composed of:
MrJ.-P. Costa, President,
MrI. Cabral Barreto,
MrK. Jungwiert,
MrV. Butkevych,
MrM. Ugrekhelidze,
MrsA. Mularoni,
MrsE. Fura-Sandström, judges,
and Mrs S. Dollé, Section Registrar,
Having regard to the above application lodged on 30 October 2002,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Yuriy Ivanovich Ivanskiy, is a Ukrainian national who was born in 1951 and lives in the town of Dniprodzerzhinsk, Dnipropetrovsk region of Ukraine. He is represented by Mr I. Voron, a lawyer practising in Dniprodzerzhinsk.
The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
In 2000 the applicant instituted proceedings in the Zavodskoy District Court of Dniprodzerzhinsk against his employer, the municipal “Dneprodzerzhinskgoreletrotrans” company, to recover salary arrears and to receive compensation. On 19 September 2000 the court awarded the applicant UAH 4,910[1] in salary arrears and compensation.
On 26 June 2002 the Zavodsky District Bailiffs’ Service returned the writ of execution to the applicant without enforcement on the ground that the applicant refused to take in kind compensation for the awarded amount and the debtor lacked funds or other property that could be attached.
According to the documents submitted by the Government, on 17 June 2003 the Dnipropetrovs’k Regional Commercial Court declared the debtor company bankrupt. A liquidation commission was established. The applicant’s salary arrears (UAH 4,202) were paid to him in full by this commission. The commission refused the applicant’s claim for compensation (UAH 708) which he had lodged on 22 February 2005.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No.1 about the non-enforcement of the judgment in his favour.
THE LAW
Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the applicant’s complaints on 22 April 2005. On 10 May 2005 the applicant was invited to submit his observations in reply. However, the Court notes that the applicant has failed to do so. In reply to a registered letter dated 1 July 2005 and received by the applicant’s representative on 8 July 2005, warning him of the possibility that his case might be struck out of the Court’s list, the applicant informed the Court by his letter of 1 September 2005 that he did not want to pursue his application further.
Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant no longer intends pursuing 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 further examination of this application. Accordingly, the application of Article 29 § 3 of the Convention should be discontinued.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
S. DolléJ.-P. Costa
RegistrarPresident
[1] Around EUR 700
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