FIFTH SECTION

DECISION

Application no . 40614/10 Sergey Bernardovich RYL against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 10 February 2015 as a Committee composed of:

Vincent A. De Gaetano, President,

Ganna Yudkivska,

André Potocki, judges,

and Milan Blaško, Deputy Section Registrar ,

Having regard to the above application lodged on 14 July 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Sergey Bernardovich Ryl, is a Ukrainian national, who was born in 1966 and lives in Sevastopol.

The Ukrainian Government (“the Government”) were represented by their Agent.

The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 about the quashing of a final and binding judgment in his favour.

Notice of the application was given to the Government, who submitted their observations on the admissibility and merits of the case. By letter of 10 March 2014 the applicant was invited to appoint a legal representative for the proceedings before the Court. However, he failed to do so. He also failed to respond to a letter dated 3 July 2014, sent by FedEx, warning him that the case might be struck out of the Court ’ s list. According to the FedEx proof of delivery slip, the applicant received the letter on 12 July 2014.

THE LAW

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. In view of the above, it is appropriate to strike the case 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 5 March 2015 .

Milan Blaško Vincent A. D e Gaetano Deputy Registrar President