NOVOGRAD-VOLYNSKYY MYASOKOMBINAT, PAT proti Ukrajině

FIFTH SECTION

DECISION

Application no. 39054/13
NOVOGRAD-VOLYNSKYY MYASOKOMBINAT, PAT

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 10 November 2022 as a Committee composed of:

Mārtiņš Mits, President,
Mattias Guyomar,
Mykola Gnatovskyy, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 4 June 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Novograd-Volynskyy Myasokombinat, PAT, is a private company registered in Ukraine in 1996. The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning the alleged interference with the peaceful enjoyment of possessions was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits.

On 11 December 2020 the Registry sent a letter to the applicant company informing it about the communication of its case and inviting it to complete and return to the Court the enclosed authority form. No reply was received to that letter.

By letter dated 23 September 2021, sent by registered post, the applicant company was notified that the period allowed for submission of the requested authority form had expired. The applicant company was asked to designate a representative by 22 October 2021. Its attention was also drawn to the consequences of the 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. The applicant company received that letter on 11 October 2021. However, no response followed.

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 1 December 2022.

Viktoriya Maradudina Mārtiņš Mits
Acting Deputy Registrar President