FOURTH SECTION
DECISION
Applications nos. 16731/05 and 15513/06
Speranța BAIA against Romania and
Gheorghe-Tudor JEBELEANU and
Florica VIERU-JEBELEANU against Romania
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 11 March 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of the applicants is set out in the appendix.
The applicants’ complaints in both applications under Article 1 of Protocol No. 1, concerning their inability to recover possession of their property nationalised under the former communist regime and sold by the State to third parties, were communicated to the Romanian Government (“the Government”). In both cases the Government submitted observations on the admissibility and merits.
By letters sent by registered post in October and November 2020, the applicants were notified that the time allowed for the submission of their observations or of certain requested information had expired (see the appended table for the relevant dates). The applicants’ attention was further drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application.
No reply to these letters has been received by the Court (see details in the appended table) and there are no letters from the applicants informing the Court about a change of address.
THE LAW
Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 1 April 2021.
{signature_p_2}
Viktoriya MaradudinaArmen Harutyunyan
Acting Deputy RegistrarPresident
APPENDIX
Applications raising complaints under Article 1 of Protocol no. 1 to the Convention
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of the
Court’s
registered letter
Date of
receipt of the
registered
letter
Time-limit for
submission
by the applicant of the
information requested
16731/05
19/04/2005
Speranța BAIA
1947
27/11/2020
5/01/2021
Initial time-limit
6/11/2020, no new
time-limit given in the registered letter
15513/06
10/04/2006
Gheorghe-Tudor JEBELEANU
1949
Florica VIERU-JEBELEANU
1951
7/10/2020
20/11/2020
13/10/2020
Letter sent back to the Court on 12/12/2020 after the expiration of the storage period
Initial time-limit
24/09/2020, no new
time-limit given in the
registered letter
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