European Court of Human Rights

THIRD SECTION

DECISION

Application no. 11339/06
S.C. YES TRADING S.R.L.
against Romania

The European Court of Human Rights (Third Section), sitting on 10 January 2012 as a Committee composed of:

Egbert Myjer, President,
Luis López Guerra,
Mihai Poalelungi, judges,
and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 3 March 2006,

Having regard to the letter sent by the applicant’s representative on 28 July 2011,

Having deliberated, decides as follows:

THE FACTS

The applicant, S.C. Yes Trading S.R.L., was a Romanian commercial company located in Campulung Moldovenesc, represented by Mr Florin Frăţeanu. The application was lodged on 3 March 2006. The Romanian Government (“the Government”) were represented by their Co-Agent, Ms Irina Cambrea, from the Ministry of Foreign Affairs.

The case concerned a commercial action lodged by a third party against the applicant seeking the enforcement of contractual obligations. The proceedings lasted from 29 August 1995 to 6 October 2005, namely ten years, one month and eight days for two levels of jurisdiction.

The applicant company complained under Article 6 § 1 of the Convention about the outcome and the length of the proceedings, as well as under Article 1 of Protocol No. 1 to the Convention about the peaceful enjoyment of its possessions.

On 16 October 2008 the Court decided to communicate to the Government the complaint concerning the length of the civil proceedings under Article 6 § 1 of the Convention. In March 2011 it was brought to the Court’s attention that the applicant company had been struck off from the Trade Registry on 22 May 2006.

By letter of 28 July 2011, Mr Florin Frăţeanu informed the Court that he wished to withdraw the application on behalf of the applicant company, adding that he had not been aware of the fact that the company had been struck off from the Trade Registry.

THE LAW

The Court considers that, in these circumstances, the applicant company may be regarded as no longer wishing to pursue its 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 Egbert Myjer
Deputy Registrar President