SECOND SECTION
DECISION
Application no. 33595/08
ÖZSEL ECZA DEPOLARI TIC. VE PAZARLAMA A.Ş.
against Turkey
The European Court of Human Rights (Second Section), sitting on 23 January 2018 as a Committee composed of:
Paul Lemmens, President,
Valeriu Griţco,
Stéphanie Mourou-Vikström, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 31 May 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant is Özsel Ecza Depoları Ticaret ve Pazarlama Anonim Şirketi, a joint-stock company registered in Turkey. It is represented by Ms Safiye Mutlu Süner and Mr Ahmet Utku Oğuz, the chairman and the vice- chairman of the board of directors of the applicant company respectively.
In 2006 the applicant company entered into a sales agreement with the Ankara University. Upon the University’s failure to pay its debt, the applicant applied to the Şisli Enforcement Office.
On 29 June 2006 a payment order was issued and became final on 8 August 2006 as no objection was filed by the University (file no. 2006/16392 upon renewal new file no. 2010/31668). The amount of debt was 1,776,839 Turkish liras (TRY) (approximately 945,000 euros (EUR) at that time), plus interest. However, the administration did not pay the amount in question.
The applicant complained under Article 6 and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of the payment order that had been issued in its favour. The applicant’s complaints in this regard were communicated to the Government on 27 September 2017.
On 18 October 2017 the applicant company’s representatives informed the Court that they wanted to withdraw their application.
THE LAW
In the light of the withdrawal of the application, 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.
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.
Done in English and notified in writing on 15 February 2018.
Hasan BakırcıPaul Lemmens
Deputy RegistrarPresident
Full & Egal Universal Law Academy