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BYKOVA AND MAKHOTKINA v. LITHUANIA

Doc ref: 10462/10 • ECHR ID: 001-173857

Document date: April 25, 2017

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BYKOVA AND MAKHOTKINA v. LITHUANIA

Doc ref: 10462/10 • ECHR ID: 001-173857

Document date: April 25, 2017

Cited paragraphs only

FOURTH SECTION

DECISION

Application no . 10462/10 BYKOVA and MAKHOTKINA against Lithuania

The European Court of Human Rights (Fourth Section), sitting on 25 April 2017 as a Committee composed of:

Nona Tsotsoria , President, Krzysztof Wojtyczek , Marko Bošnjak , judges,

and Andrea Tamietti , Deputy Section Registrar ,

Having regard to the above application lodged on 3 February 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The first applicant, Ms Nataliya Bykova , was born in 1959. The second applicant, Ms Larisa Makhotkina , was born in 1958. Both applicants are citizens of the Russian Federation and indicate in their applications that they are living in Juodkrant Ä— , a settlement in the Curonian Spit National Park in Lithuania.

2. The applicants complained under Article 1 of Protocol No. 1 to the Convention that although in 2005 they had invested significant sums of money into construction of summer houses in Preila which were built by a Lithuanian company, Sabonio klubas ir partneriai , the Lithuanian courts later ordered those houses to be demolished. The applicants claimed that it was not feasible for them to obtain compensation for those sums.

3. On 19 January 2017 the applicants ’ complaint under Article 1 of Protocol No. 1 to the Convention was communicated to the Lithuanian Government. The Russian Government was notified of the applicants ’ case.

4. On 9 March 2017 the applicants informed the Court that they wanted to withdraw their application, since recently they had received back main part of the sums paid to the Sabonio klubas ir partneriai company. They noted that the last payment had been obtained as recently as in February 2017. The applicants also were hopeful that the matters regarding any outstanding sums would be resolved fairly in the Lithuanian courts.

5. On 20 April 2017 the Russian Government informed the Court that they did not wish to intervene in this case.

THE LAW

6. In the light of the above, the Court considers that the applicants do not intend to pursue their application within the meaning of Article 37 § 1 (a) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine .

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 18 May 2017 .

Andrea Tamietti Nona Tsotsoria Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2025

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