FOURTH SECTION
DECISION
Application no. 44040/06
BISERICA EVANGHELICĂ ROMÂNĂ
– PAROHIA POENARII BURCHII
against Romania
The European Court of Human Rights (Fourth Section), sitting on 3 November 2015 as a Chamber composed of:
András Sajó, President,
Vincent A. De Gaetano,
Boštjan M. Zupančič,
Nona Tsotsoria,
Paulo Pinto de Albuquerque,
Krzysztof Wojtyczek,
Iulia Antoanella Motoc, judges,
and Françoise Elens-Passos, Section Registrar,
Having regard to the above application lodged on 13 October 2006,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Biserica Evanghelică Română - Parohia Poenarii Burchii (The Romanian Evangelical Church – Poienarii Burchii Parish), is a Romanian Christian religious community, based in Ologeni village; it was represented before the Court by one of its members, Mr C. Slav, who lived in Ologeni village.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of the Foreign Affairs.
The applicant’s complaints concerning its impossibility to have the right to use a burial place located in Ologeni village acknowledged by the domestic authorities were communicated to the Government on 20 May 2014 under respectively Article 9 and Article 6 § 1 of the Convention.
On 25 August 2014 the Government informed the Court that the applicant’s representative, Mr C. Slav, had died on 8 March 2014. They further inquired whether there was another representative of the applicant who could lawfully pursue the proceedings before the Court.
Consequently, a letter has been sent by the Court on 29 August 2014 in which both the applicant itself, and the Romanian Evangelical Church, were asked whether the applicant had a valid representative for the purposes of its application before the Court.
No reply was received to the Registry’s letter.
By letter dated 23 June 2015, sent by registered post, the applicant and the Romanian Evangelical Church were notified that the period allowed for submission of the above-mentioned information had expired on 26 September 2014 and that no extension of time had been requested. Their 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. Both the applicant and the Romanian Evangelical Church received this letter on 29 June 2015. 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 its 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 26 November 2015.
Françoise Elens-PassosAndrás Sajó
RegistrarPresident
Full & Egal Universal Law Academy