Reagent, Tov v. Ukraine

FIFTH SECTION

Application no. 78658/14 REAGENT, TOV

against Ukraine

The European Court of Human Rights (Fifth Section), sitting on 23 November 2023 as a Committee composed of:

Mārtiņš Mits , President , Kateřina Šimáčková, Mykola Gnatovskyy , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 December 2014,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant company, Reagent, Tov, was registered in 1989. It was represented by Mr Y.O. Godovanets, living in Dnipro.

The applicant company’s complaint under Article 1 of Protocol No. 1 to the Convention concerning the authority’s refusal to refund the overpaid amount of customs duty was communicated to the Ukrainian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant company, which was invited to submit its own observations. No reply was received to the Registry’s letter.

By letter dated 3 December 2021, sent by registered post, the applicant company was notified that the period allowed for submission of its observations had expired on 28 October 2021 and that no extension of time had been requested. The applicant company’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 company received that letter on 17 January 2022. However, no response has followed.

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 and the Protocols thereto, 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.

Done in English and notified in writing on 14 December 2023.

Viktoriya Maradudina Mārtiņš Mits Acting Deputy Registrar President