FIFTH SECTION

DECISION

Application no. 2188/11 KAZIMIR UKRAINE CONVERGENCE FUND LIMITED against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 16 May 2019 as a Committee composed of:

Yonko Grozev , President, Ganna Yudkivska , André Potocki , judges,

and Liv Tigerstedt , Acting Deputy Section Registrar,

Having regard to the above application lodged on 23 December 2010 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Kazimir Ukraine Convergence Fund Limited, is a company registered in the Caiman Islands.

It was represented before the Court by Mr V.V. Vasko , a lawyer practising in Kyiv.

The applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention concerning the foreseeability of the restriction of the applicant ’ s right to access to the Supreme Court and the compatibility of this restriction with the legal certainty principle were communicated to the Ukrainian Government (“the Government”) .

By letter dated 24 October 2018 the applicant company informed the Registry that it wanted to withdraw its application and requested the Court to strike it out of the list of cases.

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 6 June 2019 .

Liv Tigerstedt Yonko Grozev Acting Deputy Registrar President