THIRD SECTION
DECISION
Application no. 44066/18
NUEVAS ENERGÍAS DE CASTILLA, S.L.
against Spain
The European Court of Human Rights (Third Section), sitting on 9 February 2021 as a Committee composed of:
Georgios A. Serghides, President,
María Elósegui,
Peeter Roosma, judges,
and Olga Chernishova, Deputy Section Registrar,
Having regard to the above application lodged on 10 September 2018,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant company, Nuevas Energías de Castilla, S.L., is a company registered in Burgos, Spain. It was represented before the Court by Mr B. Carvajal Borrero, a lawyer practising in Madrid.
2. The Spanish Government (“the Government”) were represented by their Agent, Mr A. Brezmes Martínez de Villarreal, State Attorney.
3. The applicant company complained under Article 1 of Protocol No. 1 to the Convention about the new system introduced by Royal Decree 413/2014 and Order IET/1045/2014, which had been promulgated by the Spanish Government on June 2014 to develop Royal Decree-law 9/2013, for the remuneration of companies producing electricity from renewable resources.
4. On 10 November 2020 the Court decided to give notice to the Government of the applicant company’s complaint detailed above.
5. On 1 December 2020 the applicant company’s representative informed the Court that the applicant company wanted to withdraw the application and to waive any right of compensation in that context, in order to comply with the legal requirements of Royal Decree-law 17/2019 to access certain benefits that the applicant company intended to apply for.
THE LAW
6. 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, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
7. In view of the above, it is appropriate to strike the application out of the list of cases.
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 11 March 2021.
Olga ChernishovaGeorgios A. Serghides
Deputy RegistrarPresident
Full & Egal Universal Law Academy