FIFTH SECTION

DECISION

Application no. 16927/07 by Antonina Nikolayevna KOSTYUNINA against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 16 November 2010 as a Committee composed of:

Rait Maruste , President, Mirjana Lazarova Trajkovska , Zdravka Kalaydjieva , judges, and Stephen Phillips, Deputy Section Registrar ,

Having regard to the above application lodged on 4 April 2007,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Ms Antonina Nikolayevna Kostyunina , a Ukrainian national who was born in 1952 and lives in Zapor izhzhya . The Ukrainian Government (“the Government”) were represented by their Agent, Mr Yuriy Zaytsev .

The applicant complained under Article s 1, 6 § 1, 13 and 17 of the Convention about the length and the outcome of the proceedings in her civil case.

The applicant ’ s complaint concerning the length of the proceedings under Article 6 § 1 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 her own observations. However, the applicant failed to do so. Moreover, she failed to respond to a registered letter dated 1 February 2010 warning the applicant of the possibility that her case might be struck out of the Court ’ s list.

THE LAW

Having regard to Article 37 § 1 (a) of the Convention, the Court concludes that the applicant does not intend to pursue the application. 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 this application.

For these reasons, the Court unanimously

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

             Stephen Phillips Rait Maruste              Deputy Registrar President