THIRD SECTION
DECISION
Application no. 4398/07
by Iuliu Ştefan KONYA
against Romania
The European Court of Human Rights (Third Section), sitting on 7 December 2010 as a Committee composed of:
Elisabet Fura, President,
Boštjan M. Zupančič,
Ineta Ziemele, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 13 December 2006,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Iuliu-Stefan Konya, a Romanian national who was born in 1955 and lives in Baia Mare. The Romanian Government (“the Government”) were represented by their Agent, Mr. Răzvan‑Horaţiu Radu, from the Ministry of Foreign Affairs.
The applicant complained under Articles 6 § 1, 13 and 1 of Protocol 1 to the Convention about the non-enforcement of a final judgement in his favour, lack of an effective remedy and non-receipt of compensation awarded by the authorities on the basis of Law 10/2001.
On 10 September 2007, the Court decided to give notice to the Government of the applicant’s complaints under Article 6 § 1 and Article 1 of Protocol 1 to the Convention.
On 14 November 2007, the applicant informed the Court that he wanted to withdraw the application without giving any reasons for his decision.
On 7 January 2008, the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded on 4 February 2008 to the applicant, who was invited to submit observations in reply by 17 March 2008. The applicant did not reply to the Registry’s letter.
By letter dated 23 April 2008, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 17 March 2008 and that no extension of time had been requested. The applicant’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 received this letter on 2 May 2008. However, no response has been received.
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 considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (a) of the Convention.
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.
Marialena TsirliElisabet Fura
Deputy RegistrarPresident
Full & Egal Universal Law Academy