FOURTH SECTION

DECISION

Application no . 32638/09 Adil Idrys-Ogly GARUNOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 21 February 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Egidijus KÅ«ris, Gabriele Kucsko-Stadlmayer, judges, and Andrea Tamietti, Deputy Section Registrar .

Having regard to the above application lodged on 8 June 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr Adil Idrys-Ogly Garunov, is a Ukrainian national, who was born in 1956 and lives in Odesa.

2 . The Ukrainian Government (“the Government”) were represented by their Agent, most recently Mr Ivan Lishchyna.

3 . The applicant complained under Article 6 § 1 of the Convention that he could not exercise his right of access to a court of cassation in civil proceedings.

4 . The application was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

5 . By letter dated 29 August 2016, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 23 June 2015 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 a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. According to the acknowledgment of receipt returned to the Court by the Ukrainian post, the letter was delivered to the applicant ’ s domicile on 13 September 2016.

THE LAW

6 . The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of 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 its Protocols which require the continued examination of the case.

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 16 March 2017 .

Andrea Tamietti Vincent A. De Gaetano              Deputy Registrar President