European Court of Human Rights

SECOND SECTION

DECISION

Application no. 29450/05
by József FILO
against Hungary

The European Court of Human Rights (Second Section), sitting on
12 October 2010 as a Committee composed of:

Dragoljub Popović, President,
András Sajó,
Kristina Pardalos, judges,

and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 4 August 2005,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Mr József Filo, a Slovak national who was born in 1965 and lives in Komarno. The Hungarian Government (“the Government”) were represented by Mr L. Höltzl, Agent, Ministry of Public Administration and Justice.

The applicant complained under Article 6 § 1 of the Convention about the length and fairness of Hungarian criminal proceedings conducted against him.

The applicant's complaint concerning the length of the proceedings was communicated to the Hungarian Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry's letter.

By letter dated 29 July 2008, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 16 July 2008 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 a case 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 6 August 2008. However, no response has been received, and no communication has reached the Court from the applicant's side ever since.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing 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.

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.

Françoise Elens-Passos Dragoljub Popović
Deputy Registrar President