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SOBAKAR v. RUSSIA AND OTHER APPLICATIONS

Doc ref: 33539/05;13691/09;42460/05;65268/09 • ECHR ID: 001-112235

Document date: July 3, 2012

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SOBAKAR v. RUSSIA AND OTHER APPLICATIONS

Doc ref: 33539/05;13691/09;42460/05;65268/09 • ECHR ID: 001-112235

Document date: July 3, 2012

Cited paragraphs only

FIRST SECTION

DECISION

Application no . 33539/05 Sergey Nikolayevich SOBAK AR against Russia and 3 other applications (see list appended)

The European Court of Human Rights (First Section), sitting on 3 July 2012 as a Committee composed of:

Peer Lorenzen , President, Elisabeth Steiner , Julia Laffranque , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above applications lodged on various dates listed in the appendix,

Having deliberated, decides as follows:

THE FACTS

The applicants are four Russian nationals. Their names, dates of birth and places of residence are tabulated in the appendix. The Russian Government (“the Government”) were represented by Mr G. Matyushkin , the Representative of the Russian Federation at the European Court of Human Rights.

The facts of the case, as submitted by the parties, may be summarised as follows.

The applicants complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 about non-enforcement of the final domestic court judgments granting their claims against municipal unitary enterprises, commercial companies enjoying the right of economic control over its property. A list of the respective domestic judgments is set out in the appendix.

On 20 May 2011 the Court communicated the applicants ’ complaints to the respondent Government under Rule 54 § 2 (b) of the Rules of Court.

By letters of 21 September 2011 the applicants were invited to submit, by 23 November 2011, their comments on the Government ’ s observations, together with any claims for just satisfaction. The applicants did not reply.

By letters dated 20 January 2012 sent by registered post, the applicants were notified that the period allowed for submission of the observations had expired on 23 November 2011 and that no extension of time had been requested. The applicants ’ 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 applicants do not intend to pursue the application. No responses followed.

THE LAW

1. Given that the applications at hand concern similar complaints and raise identical issues under the Convention, the Court decides to consider them in a single decision.

2. Having regard to the correspondence with the applicants , the Court finds that they may be regarded as no longer wishing to pursue their applications, 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 cases.

In view of the above, it is appropriate to strike the cases out of the list

For these reasons, the Court unanimously

Decides to join the applications;

Decides to strike the applications out of its list of cases.

André Wampach Peer Lorenzen Deputy R egistrar President

Appendix

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Final domestic judgments (dates, courts)

33539/05

23/08/2005

Sergey Nikolayevich SOBAKAR

19/06/1956

Miass

17/02/2004 and 04/03/2005, Justice of the Peace of the 30th Court Circuit of the Tavricheskiy District of the Omsk Region;

05/08/2004; Justice of the Peace of the 29th Court Circuit of the Tavricheskiy District

42460/05

30/09/2005

Olga Nikolayevna VLADYKA

28/05/1955

Petrozavodsk

14/04/2004; Petrozavodsk Town Court of the Karelia Republic

13691/09

04/01/2009

Natalya Borisovna LOBOVA

09/05/1966

Belgorod

17/08/2004; Oktyabrskiy District Court of Belgorod , the Belgorod Region

65268/09

22/11/2009

Valentina Leontyevna BELIKOVA

10/11/1946

Paratunka

12/02/2009; Elizovskiy District Court of the Kamchatka Region

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