FIFTH SECTION

DECISION

Application no . 15164/09 VYROBNYCHE PIDPRYYEMSTVO ‘ TRANSVUGILLYA ’ , TOV against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 5 February 2013 as a Committee composed of:

Angelika Nußberger , President, Ganna Yudkivska , André Potocki , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 7 March 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Vyrobnyche pidryyemstvo “ Transvugillya ”, TOV, is a Ukrainian company with its registered office in Donetsk . It was represented before the Court by Mr O.P. Bilokon , a lawyer practising in Donetsk .

The Ukrainian Government (“the Government”) are represented by their Agent, Mr N. Kultchytskyy , of the Ministry of Justice.

The applicant company complained of the prolonged non-enforcement of the domestic decisions in its favour. The complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 were communicated to the Government for information.

On 27 January 2011 the applicant ’ s representative informed the Court that the applicant company wanted to withdraw the application.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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.

Stephen Phillips Angelika Nußberger Deputy Registrar President