FIFTH SECTION
DECISION
Application no. 56888/10
Viktoria Davidova GYAUROVA
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 6 September 2016 as a Committee composed of:
Erik Møse, President,
Yonko Grozev,
Mārtiņš Mits, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 17 September 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Viktoria Davidova Gyaurova, is a Bulgarian national, who was born in 1931 and lives in Sofia. She was represented before the Court by Ms R. Siderova, a lawyer practising in Sofia.
The Bulgarian Government (“the Government”) were represented by their Agent, Ms V. Hristova, of the Ministry of Justice.
The applicant complained, relying on Article 6 of the Convention and Article 1 of Protocol No. 1, that she had been unfairly deprived of her property.
On 16 March 2015 the application was communicated to the Government.
In a letter dated 11 September 2015 the Government stated that they were interested in reaching a friendly settlement of the case, and made a proposal in that regard. The letter and the proposal were forwarded to the applicant on 21 September 2015, and she was invited to comment on them until 19 October 2015. She was once again invited to submit any comments and make just satisfaction claims in a letter sent on 7 December 2015. The new time-limit given was 22 January 2016. No response was received to those two letters.
By another letter dated 3 March 2016, sent by registered mail to the address of the applicant’s representative, the applicant was invited to state whether she wished to maintain the application, her attention being 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. That letter was returned to the Court on 11 April 2016 with a note that it had not been claimed.
By yet another letter dated 12 May 2016, sent by registered mail to the applicant’s own address, she was once again invited to state whether she wished to maintain the application. That letter, too, returned to the Court on 23 June 2016 with a note that it had not been claimed.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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 29 September 2016.
Milan BlaškoErik Møse
Deputy RegistrarPresident
Full & Egal Universal Law Academy