FIRST SECTION
DECISION
Application no. 40497/12
Emmanouil - Lambros NIOTIS
against Greece
The European Court of Human Rights (First Section), sitting on 14 February 2019 as a Committee composed of:
Tim Eicke, President,
Jovan Ilievski,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 19 June 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Emmanouil - Lambros Niotis, was born in 1948.
He was represented before the Court by Mr G. Kleftodimos, a lawyer practising in Athens.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the right of access to a court was communicated to the Greek Government (“the Government”).
By letter dated 23 October 2018, sent by registered post, the applicant was notified that the period allowed for submission of his observations on the admissibility and merits of the application, together with his claims for just satisfaction, had expired on 8 August 2018 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 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. The applicant received this letter on 31 October 2018. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued 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 7 March 2019.
Liv TigerstedtTim Eicke
Acting Deputy RegistrarPresident
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