FOURTH SECTION
DECISION
Application no. 23359/06
Vasile BABU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 25 September 2018 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Egidijus Kūris,
Iulia Motoc, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 31 May 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Vasile Babu, was a Romanian national, who was born in 1937. He was represented before the Court by Mr D. Popovici, a lawyer practising in Bucharest.
2. The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention was communicated to the Romanian Government (“the Government”), who were represented by their Agent, Ms C. Brumar of the Ministry of Foreign Affairs.
3. On 4 May 2018 the applicant’s representative informed the Registry that the applicant had died and that his heir had expressed the wish to continue the proceedings.
4. By a letter of 18 May 2018 the Registry asked the late applicant’s representative for a copy of the death certificate and of a document attesting capacity as the late applicant’s heir. This letter remained unanswered.
5. On 18 July 2018 a letter was sent again, by registered mail, reminding the late applicant’s representative that the period allowed for submission of the requested documents had expired on 4 June 2018 and that no extension of time had been requested. This letter, which was received by the late applicant’s representative on 31 July 2018, also remained unanswered.
THE LAW
6. The applicant passed away and his heir may be regarded as no longer wishing to pursue his application within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, the Court finds no reasons concerning respect for human rights, as defined in Article 37 § 1 in fine, which would require to continue the examination of the application.
7. 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.
Done in English and notified in writing on 18 October 2018.
Andrea TamiettiPaulo Pinto de Albuquerque
Deputy RegistrarPresident
Full & Egal Universal Law Academy