SECOND SECTION
DECISION
Application no. 48432/19
Nearchos PHILITAS and Andis PHILITAS
against Türkiye
The European Court of Human Rights (Second Section), sitting on 4 June 2024 vas a Committee composed of:
Lorraine Schembri Orland, President,
Frédéric Krenc,
Davor Derenčinović, judges,
and Dorothee von Arnim, Deputy Section Registrar,
Having regard to the above application lodged on 3 September 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Mr Nearchos Philitas and Mr Andis Philitas, are Cypriot nationals, who were born in 1973 and 1968 respectively and live in Limassol. They were represented before the Court by Mr A. Demetriades, a lawyer practising in Nicosia.
2. The Turkish Government (“the Government”) were represented by their Agent, Mr Hacı Ali Açıkgül, Head of the Department of Human Rights of the Ministry of Justice of the Republic of Türkiye.
3. The applicants complained of a prolonged non-enforcement of the “Turkish Republic of Northern Cyprus” (“TRNC”) Immovable Property Commission (“IPC”) award made in their favour, the absence of any statutory interest for such a delay in enforcement and a lack of effective remedies. They also alleged that they had been discriminated against on the basis of their Greek Cypriot origin. The applicants relied on Articles 6, 13 and 14 of the Convention and Article 1 of Protocol No. 1 to the Convention.
4. On 26 May 2023 the Court decided to give notice to the Government of the applicants’ complaints detailed above.
5. On 15 September 2023 the applicants and their representative informed the Court that the IPC award in their favour had been duly executed and that therefore they did not wish to pursue their case before the Court.
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 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 27 June 2024.
Dorothee von Arnim Lorraine Schembri Orland
Deputy Registrar President