European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/290.html
Cite as: [2011] ECHR 290
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THIRD SECTION
DECISION
Application no.
6927/07
by Constantin-Eugeniu COCEA and Elena Florina
COCEA
against Romania
The European Court of Human Rights (Third Section), sitting on 25 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 31 October 2006,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Constantin-Eugeniu Cocea and Ms. Elena Florina Cocea, both Romanian and French nationals who were born in 1929 and 1931 respectively and live in Bucharest. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan-Horaţiu Radu, of the Ministry of Foreign Affairs.
The French Government declined by a letter of 21 May 2010 to make use of their right to intervene under Article 36 of the Convention.
The applicants complained under Article 1 of Protocol No. 1 about their impossibility to fully exercise their property rights recognised by final and binding decisions of the domestic courts, due to the emergency legislation on tenancy agreements.
On 29 January 2010 the Court decided to give notice to the Government of the applicants’ complaint detailed above.
On 21 May 2010 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded on 16 July 2010 to the applicants, who replied by a letter of 21 August 2010.
On 1 November 2010 the applicants informed the Court that they wanted to withdraw the application as they had reached a settlement with the Government.
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 or its Protocols, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (a) of the Convention.
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