THIRD SECTION
DECISION
Applications nos. 8551/13 and 27494/14
Zoran PETKOVIĆ against Serbia
and Tatjana PEROVIĆ ŽURŽIĆ and Milena ŽURŽIĆ against Serbia
The European Court of Human Rights (Third Section), sitting on 20 September 2016 as a Committee composed of:
Pere Pastor Vilanova, President,
Branko Lubarda,
Georgios A. Serghides, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged on 9 January 2013 and 24 March 2014 respectively,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant in the first case (app. no. 8551/13), Mr Zoran Petković, is a Serbian national, who was born in 1950 and lives in Knjaževac. He was represented before the Court by Mr M. Petković, a lawyer practising in Bor.
The applicants in the second case (app. no. 27494/14), Ms Tatjana Perović Žuržić and Ms Milena Žuržić, are both Serbian nationals, who were born in 1988 and 1990 respectively and live in Baošić, Montenegro, and Bor, Serbia. They were also represented before the Court by Mr M. Petković, a lawyer practising in Bor.
The Serbian Government (“the Government”) were initially represented by their former Agent, Ms V. Rodić, who was recently substituted by their current Agent, Ms N. Plavšić.
The applicants complained, under Article 6 § 1 of the Convention, about the non-enforcement of civil judgments.
The applicants’ complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
By letter dated 18 May 2016, sent by registered post, the applicants’ representative was notified that the Court had not yet received their observations and claims for just satisfaction and that the Court had extended time for submissions until 1 June 2016. The applicants’ 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 applicants’ representative received this letters on 27 May 2016. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 13 October 2016.
Fatoş AracıPere Pastor Vilanova
Deputy RegistrarPresident
Full & Egal Universal Law Academy