FIFTH SECTION
DECISION
Application no. 18037/09
ZARICHCHYA-BUD, TOV
against Ukraine
The European Court of Human Rights (Fifth Section), sitting on 23 June 2015 as a Committee composed of:
Boštjan M. Zupančič, President,
Helena Jäderblom,
Aleš Pejchal, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 24 March 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Zarichchya-Bud, TOV, is a Ukrainian company based in Obukhiv. It was represented before the Court by Mr I.M. Kalitventsev, a lawyer practising in Kyiv.
The Ukrainian Government (“the Government”) were represented by their Agent.
The applicant complained under Article 6 § 1 of the Convention that the proceedings concerning its commercial dispute were unfair in that the Supreme Court of Ukraine had overstepped the limits of its jurisdiction under domestic law.
The application was communicated to the Government as a subject of well-established case-law of the Court covered by the judgment Sokurenko and Strygun v. Ukraine (nos. 29458/04 and 29465/04, 20 July 2006).
On 9 September 2013 the Government submitted a signed friendly-settlement declaration. It was forwarded to the applicant company whose representative was invited to inform the Court whether it accepted the settlement and to submit the applicant’s own declaration. No reply was received to the Registry’s letter.
By letter dated 30 October 2014, sent by registered post, the representative of the applicant was notified that the period allowed for submission of the information requested by the Court had expired on 25 November 2013 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. According to the return receipt, the applicant’s representative received this letter on 17 November 2014. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant company may be regarded as no longer wishing to pursue its 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 July 2015.
Milan BlaškoBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy