THIRD SECTION
DECISION
Application no. 23043/07
Zlatan BALMAZOVIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 18 October 2016 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 28 April 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Zlatan Balmazović, is a Serbian national, who was born in 1958 and lives in Topola. He was represented before the Court by Ms J. Trojančević, a lawyer practising in Gornji Milanovac.
The Serbian Government (“the Government”) were initially represented by their former Agent, Ms V. Rodić, who was recently substituted by their current Agent, Ms N. Plavšić.
The applicant complained under Article 6 of the Convention about the excessive length of the civil proceedings.
The applicant’s complaint was communicated 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 own observations. No reply was received to the Registry’s letter.
By letter dated 3 May 2016, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations and claim for just satisfaction had expired on 14 March 2016 and that the Court had extended the time for submissions until 30 May 2016. The applicant’s representative’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. The applicant’s representative received this letter on 11 May 2016. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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.
Done in English and notified in writing on 17 November 2016.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
Full & Egal Universal Law Academy