FIFTH SECTION

DECISION

Application no. 12150/03 by Anna Pavlovna TKACHENKO against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 8 January 2008 as a Chamber composed of:

Peer Lorenzen , President, Snejana Botoucharova , Volodymyr Butkevych , Margarita Tsatsa-Nikolovska , Rait Maruste , Javier Borrego Borrego , Renate Jaeger , judges, and C laudia Westerdiek , Section Registrar ,

Having regard to the above application lodged on 12 March 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

Having regard to the observations submitted by the respondent Government,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mrs Anna Pavlovna Tkachenko , is a Ukrainian national, who was born in 1945 and lives in Nova Kakhovka , Kherson Region, Ukraine . The Ukrainian Government (“the Government”) were represented by their Agent, M s Z. Bortnovska .

The facts of the case, as submitted by the parties, may be summarised as follows.

In September 2002 the applicant instituted proceedings in the Nova Kakhovka Town Court against her former employer, the Southern Machinery Construction Factory ( hereinafter – the “SMCF”), seeking salary arrears.

On 27 September 2002 the Court ordered the SMCF to pay her UAH 7,242.57 [1] .

The judgment was not appealed against and became final.

By letter of 30 April 2003, the Bailiff Service informed the applicant that enforcement proceedings had been stayed due to the opening of bankruptcy proceedings against the debtor.

The judgment remains unenforced

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 about the non-enforcement of the final judgment of 27 September 2002 .

THE LAW

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the application on 14 April 2004. On 11 May 2004 the applicant was invited to submit her observations in reply. However, the Court notes that the applicant has failed to do so. Moreover, she has failed to respond to the registered letter dated 13 October 2006, which she received on 27 October 2006, warning the applicant of the possibility that her case might be struck out of the Court ’ s list.

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 examination of this application to be continued. Accordingly, the application of Article 29 § 3 of the Convention should be discontinued.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Claudia Westerdiek Peer Lorenzen Registrar President

[1] Around 1,207 euros