Yuriy Mitrofanovich KALYUZHNYY v Ukraine - 44307/07 [2010] ECHR 533 (16 March 2010)
The applicant failed to respond to the Court's communications and did not submit observations or claims for just satisfaction, indicating he does not intend to pursue the application. There are no special circumstances requiring continued examination.
Source-derived case information.
- Citation
- [2010] ECHR 533
- Parties
- Applicant: Yuriy Mitrofanovich Kalyuzhnyy; Respondent: Government of Ukraine
- Jurisdiction
- European Union
- Procedural Posture
- Application / Decision on Admissibility and Merits
- Outcome
- Application struck out
- Legal Topics
- Non Enforcement of Judgment, Right to a Fair Trial, Peaceful Enjoyment of Possessions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Yuriy Mitrofanovich Kalyuzhnyy
Applicant
Government of Ukraine
Respondent
Procedural Posture
Application / Decision on Admissibility and Merits
Legal Issues
- 1 Whether the applicant's complaint regarding non-enforcement of a judgment in his favour is admissible and merits examination
Ratio Decidendi
The applicant failed to respond to the Court's communications and did not submit observations or claims for just satisfaction, indicating he does not intend to pursue the application. There are no special circumstances requiring continued examination.
Court Disposition
Application struck out
Orders
- The application is struck out of the list of cases.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Yuriy Mitrofanovich KALYUZHNYY v Ukraine - 44307/07 [2010] ECHR 533 (16 March 2010) URL: https://www.bailii.org/eu/cases/ECHR/2010/533.html Cite as: [2010] ECHR 533 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 44307/07 by Yuriy Mitrofanovich KALYUZHNYY against Ukraine The European Court of Human Rights (Fifth Section), sitting on 16 March 2010 as a Chamber composed of: Peer Lorenzen, President, Renate Jaeger, Rait Maruste, Mark Villiger, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva, judges, Mykhaylo Buromenskiy, ad hoc judge, and Claudia Westerdiek, Section Registrar , Having regard to the above application lodged on 29 September 2007, Having deliberated, decides as follows: THE FACTS The application was lodged by Mr Yuriy Mitrofanovich Kalyuzhnyy, a Ukrainian national who was born in 1937 and lives in Miusinsk. The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev. The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of a judgment in his favour. Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the case on 29 May 2009. By a letter of 17 June 2009 the applicant was invited to submit his observations in reply together with any claims for just satisfaction by 29 July 2009. However, the applicant failed to do so. Moreover, he failed to respond to a registered letter dated 5 October 2009 warning the applicant of the possibility that his case might be struck out of the Court’s list. THE LAW Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue 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 continued examination of the application. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Claudia Westerdiek Peer Lorenzen Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2010/533.html