European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/199.html
Cite as: [2011] ECHR 199
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THIRD SECTION
DECISION
Application no.
3771/06
by Vasile CIUREA
against Romania
The European Court of Human Rights (Third Section), sitting on 11 January 2011 as a Committee composed of:
Elisabet
Fura,
President,
Boštjan
M. Zupančič,
Ineta
Ziemele, judges,
and
Marialena Tsirli, Deputy
Section Registrar,
Having regard to the above application lodged on 14 December 2005,
Having deliberated, decides as follows:
THE FACTS
The
application was lodged by Mr Vasile Ciurea, a Romanian national who
was born in 1923 and lives in Brasov. The Romanian Government (“the
Government”) were represented by their Agent,
Mr.Răzvan-Horaţiu Radu, from the Minister of Foreign
Affairs.
The applicant submitted restitution application to the administrative authority claiming return of his property or, alternatively, compensation. However he did not receive any answer.
The applicant’s complaints under Article 6 § 1 of the Convention about the infringement of right to access to a court and length of administrative proceedings and Article 1 of Protocol No. 1 with respect to property rights 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 his own observations. No reply was received to the Registry’s letter.
By letter dated 21 June 2010, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 19 May 2010 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 letter returned to the Registry with the mention “recipient not found”.
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.
Marialena Tsirli Elisabet Fura
Deputy Registrar President