FIRST SECTION
DECISION
Application no. 11368/07
Alfonso and Lucia CAROTENUTO
against Italy
The European Court of Human Rights (First Section), sitting on 23 May 2017 as a Committee composed of:
Kristina Pardalos, President,
Ksenija Turković,
Pauliine Koskelo, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 9 March 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Alfonso Carotenuto and Ms Lucia Carotenuto, are Italian nationals, who were born in 1944 and 1947 respectively and live in Scafati. They were represented before the Court by Mr A. D’Auria, a lawyer practising in Scafati.
The Italian Government (“the Government”) were represented by their Agent, Mrs E. Spatafora, and their co-Agent, Mrs P. Accardo.
The applicants complained, under Article 1 of Protocol No. 1 to the Convention, that they had borne a disproportionate burden on account of the inadequate amount of expropriation compensation they received at the domestic level.
On 20 April 2009 the application was communicated to the Government.
On 31 May 2016 the Judge appointed as Rapporteur requested the applicants, pursuant to Rule 49 § 3 (a) of the Rules of Court, to submit factual information concerning the status of the domestic proceedings, which had been pending at the time the application was communicated.
No reply was received from the applicants.
By a letter dated 30 January 2017, sent by registered post, the applicants’ representative was notified that the period allowed for submission of the factual information had expired on 28 June 2016 and that no extension had been requested. The applicants’ 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 applicants’ representative received this letter on 8 February 2017. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 15 June 2017.
Renata DegenerKristina Pardalos
Deputy RegistrarPresident
Full & Egal Universal Law Academy