KAPTAN METAL DIS TICARET VE NAKLIYAT A.S. v. ALBANIA

THIRD SECTION

DECISION

Application no. 83896/17
KAPTAN METAL DIS TICARET VE NAKLIYAT A.S.
against Albania

(see appended table)

The European Court of Human Rights (Third Section), sitting on 7 March 2024 as a Committee composed of:

 Ioannis Ktistakis, President,
 Darian Pavli,
 Oddný Mjöll Arnardóttir, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 December 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The details related to the applicant company are provided in the appended table. The applicant company was represented by Ms A. Shehi Kalo, a lawyer practising in Tirana.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the non-enforcement of a court’s decision and unreasonable length of the proceedings before the Appeal Court and the Supreme Court, as well as the complaints under Article 1 of Protocol No. 1 concerning the alleged breach of the applicant company’s right to peaceful enjoyment of possession due to the non-enforcement of the decision and under Article 13 of the Convention about the lack of effective remedies, were communicated to the Albanian Government (“the Government”).

On 23 November 2023 the Court informed the applicant company’ representative by registered mail with return receipt that the period allowed for submission of the applicant’s comments on the friendly-settlement declaration submitted by the Government had expired on 15 September 2023 and that no extension of time had been requested. The representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provided that the Court may strike a case out of its list of cases where the circumstances led to the conclusion that the applicant did not intend to pursue the application. The representative of the applicant company received the Registry’s letter on 4 December 2023. However, no reply followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 28 March 2024.

 Viktoriya Maradudina Ioannis Ktistakis
 Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1