FIFTH SECTION

DECISION

Application no. 74864/12 ZHYTLOBUD - BK, TOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 22 March 2018 as a Committee composed of:

André Potocki, President, Síofra O ’ Leary, Mārtiņš Mits, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 November 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Zhytlobud - BK, TOV, is a Ukrainian company based in Kirovograd .

It complained about lack of access to court and unfairness of the proceedings in its case.

The last correspondence from the applicant company dates back to 2013.

On 17 October and 18 December 2017 respectively, a registered letter was sent to two different addresses the applicant company had provided (one in Kirovograd, the other in Kyiv) with a request to provide some information about the domestic proceedings. The applicant company ’ s attention was also 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.

The letters were returned to the Court undelivered, the addressee having failed to collect them from the post office.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant company may be regarded as no longer wishing to pursue the application (Article 37 § 1 (a) of the Convention). 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 the Protocols thereto which require the continued 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 12 April 2018 .

Liv Tigerstedt André Potocki Acting Deputy Registrar President