European Court of Human Rights

THIRD SECTION

DECISION

Application no. 18478/05
by Alexandru SZTOJKA and Leilha SZTOJKA
against Romania

The European Court of Human Rights (Third Section), sitting on 22 March 2011 as a Committee composed of:

Alvina Gyulumyan, President,
Luis López Guerra,
Nona Tsotsoria, judges,
and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 27 April 2005,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Alexandru Sztojka and Ms Leilha Sztojka, are Romanian nationals who were born in 1947 and 1985 respectively and live in Odorheiul Secuiesc. The Romanian Government (“the Government”) were represented by their Agent, Mr Răzvan-Horaţiu Radu, of the Ministry of Foreign Affairs.

The applicants’ complaints concerning the non-enforcement of a final judicial decision were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

By letter dated 24 November 2010, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 5 November 2010 and that no extension of time had been requested. The applicants’ 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 applicants received this letter on 29 November 2010. However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 Alvina Gyulumyan
Deputy Registrar President