FIRST SECTION
DECISION
Application no. 51355/17
MAHIR CITYPOSTER KFT
against Hungary
The European Court of Human Rights (First Section), sitting on 14 December 2023 as a Committee composed of:
Krzysztof Wojtyczek, President,
Lətif Hüseynov,
Ivana Jelić, judges,
and Attila Teplán, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 July 2017,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mahir Cityposter Kft, is a limited liability company that has its seat in Budapest. It was founded in 1994.
The applicant company was represented by Mr Gy. Magyar, a lawyer practising in Budapest.
The applicant company’s complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 read alone and in conjunction with Article 13 of the Convention – concerning a restriction on the use of its advertising columns and the termination of the related lease agreement before the lapse of the contracted period – were communicated to the Hungarian Government (“the Government”). They submitted observations on the admissibility and merits. The observations were sent to the applicant company that submitted its own observations on 26 October 2018.
By a letter dated 13 September 2023, sent to the applicant company’s representative via the Court’s Electronic Communication Service (eComms), the applicant company was requested to inform the Court by 28 September 2023 of any relevant factual developments that might have occurred since the submission of its observations and to submit copies of any new documents. It was warned at the same time that the Court might 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.
This letter was successfully published on the eComms system on 13 September 2023. However, the applicant company’s representative did not download it. In fact, he or his law firm have not consulted their eComms inbox since 11 September 2020.
The Court has not received a reply to its letter ever since. Indeed, no communication has reached the Court from the applicant company’s side since 26 October 2018.
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, because the applicant company may be regarded as no longer wishing to pursue the case.
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 18 January 2024.
Attila Teplán Krzysztof Wojtyczek
Acting Deputy Registrar President