FOURTH SECTION
DECISION
Application no. 24472/04
Petre Gheorghe BĂDULESCU
against Romania
The European Court of Human Rights (Fourth Section), sitting on 30 August 2016 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Iulia Motoc,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 25 March 2004,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Petre Gheorghe Bădulescu, is a Romanian national, who was born in 1926 and lived in Bucharest.
2. The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
3. The applicant’s complaints under Article 1 of Protocol No. 1 to the Convention concerning the application of the restitution laws in Romania were communicated on 14 June 2007 to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his observations in reply. On 12 November 2007 the applicant submitted his just satisfaction claims.
4. By letter dated 12 October 2010, sent by registered post, the applicant was asked to submit updated factual and/or legal information concerning his case. The applicant’s 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.
5. The letter returned unclaimed, with a note, written on 25 October 2010, to the effect that the recipient had died. No further letter was received on behalf of the applicant or of any of his potential heirs or close relatives.
THE LAW
6. The Court recalls that it has been its practice to strike applications out of the list of cases in the absence of any heir or close relative who has expressed a wish to pursue the application on behalf of an applicant that died pending proceedings before it (see Léger v. France (striking out) [GC], no. 19324/02, § 44, 30 March 2009).
7. It further finds no special circumstances relating to respect for human rights as defined in the Convention and its Protocols which require it to continue the examination of the present application.
8. Accordingly, the application should be struck out of the Court’s list of cases in accordance with Article 37 § 1 (c) of the Convention.
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 22 September 2016.
Andrea TamiettiPaulo Pinto de Albuquerque
Deputy RegistrarPresident
Full & Egal Universal Law Academy