THIRD SECTION
DECISION
Application no. 19482/10
Ștefan MANEA
against Romania
The European Court of Human Rights (Third Section), sitting on 7 October 2014 as a Committee composed of:
Alvina Gyulumyan, President,
Johannes Silvis,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 15 March 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ștefan Manea, was a Romanian national, who was born in 1937 and died on 16 June 2012.
The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
The applicant’s complaints, relating to the non-enforcement of a final judgment rendered in his favour, were communicated to the Government on 19 September 2013.
On 12 December 2013 the Government informed the Court of the applicant’s death on 16 June 2012.
By letters dated 27 January and 12 May 2014 sent by registered post, the applicant’s family was asked to indicate, by 9 June 2014, whether they wished to pursue the proceedings in the present case.
On 3 July 2014 the letter was returned undelivered. The post office indicated that the letter was unclaimed.
THE LAW
From the developments set out above it appears that the applicant died in the course of the proceedings. No heirs or close relatives have expressed the wish to pursue the application on his behalf. It has been the Court’s practice to strike applications out of the list of cases under Article 37 § 1 of the Convention in the absence of any heir or close relative who has expressed the wish to pursue an application (see Léger v. France (striking out) [GC], no. 19324/02, § 44, ECHR 2009, with further references). Lastly, the Court finds no special circumstances regarding respect for human rights which require the continued examination of the case (contrast Karner v. Austria, no. 40016/98, §§ 24‑28, ECHR 2003‑IX). Therefore, it considers it appropriate to strike the application out of its list of cases under Article 37 § 1 (c) of the Convention.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Marialena TsirliAlvina Gyulumyan
Deputy RegistrarPresident
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