FIRST SECTION
DECISION
Application no. 17086/11
Vančo HRISTOVSKI
against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 23 September 2014 as a Committee composed of:
Paulo Pinto de Albuquerque, President,
Mirjana Lazarova Trajkovska,
Linos-Alexandre Sicilianos, judges,
and Søren C. Prebensen, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 March 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vančo Hristovski, is a Macedonian national, who was born in 1964 and lives in Kumanovo. He was represented before the Court by Mr S. Stojmanovski, a lawyer practising in Kumanovo.
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov.
The applicant complained under Article 6 of the Convention about the length and the alleged unfairness of civil proceedings for annulment of his dismissal.
The Court communicated the application to the Government in respect of the length of the proceedings and proposed friendly settlement. On 5 June 2013 the applicant’s representative informed the Court that he accepted the proposed friendly settlement, but lodged additional claims for just satisfaction and costs and expenses.
By a letter dated 18 July 2013, the Court invited the applicant to clarify whether he accepted the friendly-settlement proposal under the terms proposed by the Registry. The applicant did not reply. By a registered letter of 14 February 2014, the applicant’s representative was notified that the period allowed for submission of the applicant’s position on the friendly settlement proposal had expired on 1 August 2013 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 10 March 2014, but, however, failed to reply.
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.
Søren C. PrebensenPaulo Pinto de Albuquerque
Acting Deputy RegistrarPresident
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