THIRD SECTION
DECISION
Application no. 41239/12
Dragoslav DIMITRIĆ
against Serbia
The European Court of Human Rights (Third Section), sitting on 2 June 2015 as a Committee composed of:
Ján Šikuta, President,
Iulia Antoanella Motoc,
Branko Lubarda, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 23 June 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Dragoslav Dimitrić, is a Serbian national, who was born in 1952 and lives in Šabac. He was represented before the Court by Mr B. Popović, a lawyer practising in Šabac.
The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodić.
The applicant complained under Articles 6 and 13 of the Convention and Article 1 of Protocol no. 1 thereto, about the non-enforcement of judgments rendered in his favour against a socially/State-owned company.
The applicant’s complaints were 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 11 March 2015, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 8 January 2015 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 18 March 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 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 25 June 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
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