THIRD SECTION
DECISION
Application no. 137/10
Nadžija KLADNIČANIN
against Serbia
The European Court of Human Rights (Third Section), sitting on 3 February 2015 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 22 October 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Nadžija Kladničanin, was a Serbian national, who was born in 1954 and lived in Novi Pazar. She was represented before the Court by Ms B. Župić, a lawyer practising in Novi Pazar. The applicant passed away in the course of proceedings before the Court.
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 a judgment rendered in her favour against a socially/State-owned company.
On 3 June 2012 the applicant’s representative informed the Court that the applicant had died on 4 August 20140. In addition, she informed the Court that the applicant’s relatives, Ms Indira Kladničanin and Mr Safudin Kladničanin, had been declared as the applicant’s heirs and that they wished to further pursue the application lodged by Ms Nadžija Kladničanin.
On 28 August 2013 the Court decided to give notice to the Government of the applicant’s complaint detailed above.
On 25 February 2014 the applicant’s heirs informed the Court that they wished to withdraw the application.
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 or its Protocols, 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 26 February 2015.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
Full & Egal Universal Law Academy