FOURTH SECTION
DECISION
Application no. 28138/11
Luiza MELENGU
against Albania
The European Court of Human Rights (Fourth Section), sitting on 16 December 2014 as a Committee composed of:
Paul Mahoney, President,
Ledi Bianku,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 27 April 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Luiza Melengu, is an Albanian national, who was born in 1955 and lives in Berat. She was represented before the Court by Mr D. Selimi, a lawyer practising in Tirana.
The Albanian Government (“the Government”) were represented by their then Agent, Ms L. Mandia of the State Advocate’s Office.
The applicant complained under Articles 6 § 1 and 13 of the Convention about the non-enforcement of a final court decision ordering her employer to pay her a sum of money as a result of unfair dismissal.
On 1 October 2012 the Court decided to give notice to the Government of the applicant’s complaints.
On 30 January 2013 the Government submitted their observations on the admissibility and merits of the case. They were forwarded to the applicant, who was invited to submit observations and claims for just satisfaction in reply by 21 March 2013. No reply was received to the Registry’s letter.
By a letter of 14 February 2013, the Government informed the Court that the Albanian authorities had enforced in full the final decision in favour of the applicant. They further requested the Court to strike the application out of the list of cases on the ground that the matter had been resolved. This information was forwarded to the applicant, who was invited to submit any comments by 21 March 2013. No reply was received to the Registry’s letter.
By Registry’s letter of 8 April 2013, sent by registered post, the applicant’s representative was notified that no observations had been received by 21 March 2013. A new time-limit for the submission of the observations was fixed for 6 May 2013. Furthermore, the applicant’s representative’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 Registry’s letter was received on 17 April 2013 and the postal receipt was signed by a person named K. Selimi. To date, the applicant has not replied to this correspondence.
THE LAW
The Court considers that, in the circumstances of the present case, as a result of the absence of any response, the applicant may be regarded as no longer wishing to pursue her application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case (see Bendžius v. Lithuania (striking out), no. 67506/01, §§ 11 and 12 28 March 2006).
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.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
Full & Egal Universal Law Academy