Shoman v. Ukraine

FIFTH SECTION

Application no. 26080/07 by Natalia Mykolayivna SHOMAN against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 12 April 2011 as a Committee composed of:

Boštjan M. Zupančič, President, Ganna Yudkivska, Angelika Nußberger, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 10 June 2007,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Ms Natalia Mykolayivna Shoman, a Ukrainian national who lives in Kyiv. She was represented before the Court by Mr Y. P. Zeykan, a lawyer practising in Kyiv. The Ukrainian Government were represented by Ms Valeriya Lutkovska. The applicant complained about non-enforcement of a court judgment in her favour.

The application was communicated to the Government, who submitted their observations on the admissibility and merits. The applicant’s observations submitted in reply to those of the Government were not included into the case-file because they had been submitted outside the prescribed time-limit.

On 2 August 2010 the Government submitted a unilateral declaration concerning the above case. By a letter of 20 August 2010 the applicant was invited to submit her comments on the declaration. However, the applicant failed to do so. Moreover, she failed to respond to a registered letter dated 4 November 2010 warning the applicant of the possibility that her case might be struck out of the Court’s list.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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.

Stephen Phillips Boštjan M. Zupančič Deputy Registrar President