European Court of Human Rights

SECOND SECTION

DECISION

Application no. 22857/04
by Péter MÓRA
against Hungary

The European Court of Human Rights (Second Section), sitting on
5 May 2009 as a Chamber composed of:

Françoise Tulkens, President,
Ireneu Cabral Barreto,
Vladimiro Zagrebelsky,
Danutė Jočienė,
Dragoljub Popović,
András Sajó,
Nona Tsotsoria, judges,
and Sally Dollé, Section Registrar,

Having regard to the above application lodged on 2 April 2004,

Having regard to the observations submitted by the respondent Government,

Having regard to the decision of 11 December 2007 to strike the application out of the list of cases,

Having regard to the decision of 16 December 2008 to restore the case to the list of cases,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Péter Móra, is a Hungarian national who was born in 1945 and lives in Budapest. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Justice and Law Enforcement.

The applicant complained under Article 6 § 1 of the Convention of the protraction of inheritance litigation before the Buda Central District Court and the Budapest Regional Court between May 1997 and October 2003.

THE LAW

The examination of the present case may be discontinued for the following reasons.

On 11 December 2007 the application was struck out of the Court’s list of cases, in the absence of any communication from the applicant, after he had been invited to submit comments on the observations of the respondent Government. Subsequently, the case was restored to the list after the receipt of explanations for the prior silence due to a withdrawal of legal representation. However, this was followed by a letter dated 10 March 2009 in which the applicant submitted that he no longer wished to pursue his case.

The Court concludes that the applicant does not intend to pursue his application, 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 case.

For these reasons, the Court unanimously

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

Sally Dollé Françoise Tulkens
Registrar President