European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1343.html
Cite as: [2010] ECHR 1343
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THIRD SECTION
DECISION
Application
no. 4833/07
by Helene BALSBERG
against Sweden
The European Court of Human Rights (Third Section), sitting on 31 August 2010 as a Chamber composed of:
Josep
Casadevall,
President,
Elisabet
Fura,
Boštjan
M. Zupančič,
Alvina
Gyulumyan,
Ineta
Ziemele,
Luis
López Guerra,
Ann
Power, judges,
and
Santiago Quesada, Section
Registrar,
Having regard to the above application lodged on 10 January 2007,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Helene Balsberg, a Swedish national who was born in 1956 and lives in Veinge. The Swedish Government (“the Government”) were represented by their Agent, Ms Charlotte Hellner, from the Ministry for Foreign Affairs.
The applicant's complaints under Article 8 of the Convention were 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. No reply was received to the Registry's letter.
By letter of 26 February 2010, the applicant was notified that failure to comply with the time-limit to submit written observations may lead the Court to strike the case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application, as set out in Article 37 § 1 (a) of the Convention.
By letter of 27 April 2010, the Court informed the applicant that the period allowed for submission of her observations had expired on 31 March 2010 and that no extension of time had been requested. The applicant's attention was once again drawn to Article 37 § 1 (a) of the Convention. The letter was sent by registered post on 28 April 2010 and again on 28 May 2010. Both times it was unclaimed.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Santiago Quesada Josep Casadevall
Registrar President