VAGNER proti Rusku

THIRD SECTION

DECISION

Application no. 2956/20
Olga Eduardovna VAGNER
against Russia

The European Court of Human Rights (Third Section), sitting on 24 November 2022 as a Committee composed of:

Darian Pavli, President,
Ioannis Ktistakis,
Andreas Zünd, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 28 December 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Olga Eduardovna Vagner, was born in 1967. She was represented by Ms N. Vunder, a lawyer practising in Moscow.

The applicant’s complaints under Article 8 of the Convention concerning child contact rights after the dissolution a of same-sex partnership were communicated to the Russian Government which submitted observations on the admissibility and merits. The observations were forwarded to the applicant who was invited to submit her own observations. No reply was received to the Registry’s letter.

By letter dated 14 December 2021, sent by registered post and by email, the applicant was notified that the period allowed for submission of her observations had expired on 3 December 2021 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 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. According to the Russian Post Tracking System, after an unsuccessful delivery attempt, the letter was returned to the Court.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 15 December 2022.

Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President