FIFTH SECTION
DECISION
Application no. 66035/11
JSC GUBA KONSERV 1
against Azerbaijan
The European Court of Human Rights (Fifth Section), sitting on 12 September 2019 as a Committee composed of:
Ganna Yudkivska, President,
André Potocki,
Yonko Grozev, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 10 October 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, JSC Guba Konserv 1, is a company registered in 2004.
The applicant company was represented by Mr J. Garibov, the chairman of its board of directors.
The applicant company’s complaints under Article 1 of Protocol No. 1 to the Convention and Articles 6 and 13 of the Convention, concerning the alleged unlawfulness of destruction of their property and the alleged unfairness of domestic civil proceedings, were communicated to the Azerbaijani Government, who submitted observations on the admissibility and merits. The observations were forwarded to the applicant company, who was invited to submit its own observations. No reply was received to the Registry’s letter.
By letters dated 25 October 2018 and 5 June 2019, sent by registered post, the applicant company was notified that the period allowed for submission of its observations had expired on 8 June 2018 and that no extension of time had been requested. The applicant company’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application 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 latest letter on 21 June 2019. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant company does not wish to pursue the 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 the Protocols thereto which require the continued examination of the application.
Accordingly, the case should be struck 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 3 October 2019.
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
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