RADIONOV v. RUSSIA (European Court of Human Rights)

Last Updated on April 24, 2019 by LawEuro

THIRD SECTION
DECISION

Application no. 13934/06
Viktor Georgiyevich RADIONOV
against Russia

The European Court of Human Rights (Third Section), sitting on 14 February 2019 as a Committee composed of:

Alena Poláčková, President,
Dmitry Dedov,
Jolien Schukking, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 1 March 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Viktor Georgiyevich Radionov, was born in 1955.

The applicant’s complaints under Articles 6 and 13 of the Convention and Article 1 of Protocol No.1 to the Convention concerning the non-enforcement of a judgment of 20 November 2009 were communicated to the Russian Government (“the Government”), and the parties exchanged observations. The case was subsequently re-communicated to the Government under Article 1 of Protocol No. 1 in the part concerning the annulment of the registration of the applicant’s car and availability of a vehicle certification procedure, and the parties were requested to submit further observations on the admissibility and merits of the case. The Government submitted their further observations.

By letter dated 17 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his further observations on admissibility and merits of the application had expired on 13 July 2018 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 an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.

The applicant received this letter on 9 November 2018. However, no response has been received.

THE LAW

In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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.

Done in English and notified in writing on 7 March 2019.

Liv Tigerstedt                                                   Alena Poláčková
Acting Deputy Registrar                                                President

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