FOURTH SECTION

DECISION

Application no . 20773/09 Sergey Aleksandrovich BOYKO against Ukraine

The European Court of Human Rights (Fourth Section), sitting on 18 May 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Iulia Motoc, Marko Bošnjak, judges,

and Karen Reid, Section Registrar,

Having regard to the above application lodged on 31 March 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Sergey Aleksandrovich Boyko, is a Ukrainian national who was born in 1953 and lives in Kyiv.

The applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) , who submitted observations on the admissibility and merits. .

By letter dated 15 February 2017, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 10 January 2017 and that no extension of time had been requested. The applicant ’ s attention was 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. On 30 March 2017 the letter reached the Court undelivered with a mention “non réclamé”. The applicant failed to collect the letter from the post office.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant 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 8 June 2017 .

Karen Reid Vincent A. De Gaetano Registrar President