FOURTH SECTION
DECISION
Application no. 10275/07
by Iurie BOLDIŞOR
against Moldova
The European Court of Human Rights (Fourth Section), sitting on 15 June 2010 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
Ján Šikuta,
Mihai Poalelungi,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 16 January 2007,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Iurie Boldişor, is a Moldovan national who was born in 1948 and lives in Edineţ. He is represented before the Court by Mr N. Baban, a lawyer practising in Edineţ. The Moldovan Government (“the Government”) are represented by their Agent, Mr V. Grosu.
The applicant, a Moldovan national, successfully claimed before the domestic courts compensation for pecuniary and non-pecuniary damage for having been unlawfully fined for an administrative offence.
On 7 April 2005, the Edineţ District Court awarded the applicant 1,516 Moldovan lei (MDL, the equivalent of 106 euros (EUR)) in respect of pecuniary and non-pecuniary damage.
This decision remained unchallenged and became final.
On 5 January 2007 the Ministry of Finance paid the applicant MDL 1,516.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention that his right of access to court had been violated by the failure to enforce the judgment in his favour.
2. The applicant also alleged that the failure to enforce the judgment violated his right to protection of property as guaranteed by Article 1 of Protocol No. 1 to the Convention.
THE LAW
By letter dated 20 April 2009 the Government's observations were sent to the applicant's representative, who was requested to submit any observations together with any claims for just satisfaction in reply by 2 June 2009. The applicant did not reply.
On 13 November 2009 the Registry of the Court sent another letter by registered mail informing the applicant that the period allowed for submission of the applicant's observations expired on 2 June 2009 and that no extension of time had been requested. 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 23 November 2009. However, no response has been received.
The applicant has not contacted the Court since.
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.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy