FIFTH SECTION
DECISION
Application no. 5372/08
BULAVTOTRANS EOOD
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 10 May 2016 as a Committee composed of:
Ganna Yudkivska, President,
André Potocki,
Síofra O’Leary, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 5 January 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company, Bulavtotrans EOOD, is a Bulgarian limited liability company with its seat in Sofia.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms D. Dramova, from the Ministry of Justice.
The applicant company complained under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 that in civil proceedings brought against it the national courts had failed to respond to an argument raised by it, and had as a result given judgments depriving it of its property.
On 27 March 2015 the application was communicated to the Government.
On 10 August 2015 the Government submitted their observations on the admissibility and merits of the case. The observations were forwarded to the applicant company, which was invited to submit its own observations. No reply was received to the Registry’s letter.
By letter dated 2 December 2015, and by another one dated 27 January 2016 and sent by registered post, the applicant company was notified that the period allowed for submission of its observations had expired, and that no extension of time had been requested. It was invited to state whether it wished to maintain the application. Its 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 company received the Court’s letter of 27 January 2016 on 8 February 2016. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant company 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 2 June 2016.
Milan BlaškoGanna Yudkivska
Deputy RegistrarPresident
Full & Egal Universal Law Academy