22
THIRD SECTION
DECISION
Application no. 36743/05
Constantin PLATON against the Republic of Moldova
and 2 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 23 September 2014 as a Committee composed of:
Dragoljub Popović, President,
Luis López Guerra,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 29 September 2005 and 15 January 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Moldovan Government (“the Government”) were represented by their Agents, Mr V. Grosu and Mr L. Apostol.
The applicants obtained final court judgments in their favour, obliging local public authorities either to pay compensation for unlawfully confiscated property or to provide them with social housing.
Before the Court the applicants complained about the non-enforcement of those judgments. They relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention.
The cases were communicated to the Government between 6 November 2007 and 10 November 2009, 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 letters dated between 26 August 2011 and 26 April 2014, sent by registered post, the applicants and their representatives were notified that the period allowed for submission of their observations had expired on 26 February 2008, 21 March 2011 and 6 June 2011, respectively, and that no extension of time had been requested. The applicants’ and their representatives’ 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 and their representatives in applications nos. 36743/05 and 36570/06 received those letters. No response has been received from the applicants.
In application no. 13322/07, the letter of 24 April 2014 sent by registered mail returned to the Court with the note that the applicant “had not claimed it”. The Court notes that the applicant neither informed the Court of any change of his postal address nor did he indicate any provisional address at which communication with him could be effected. In this connection, it recalls that, pursuant to Rule 47 § 7 of the Rules of Court, “applicants shall keep the Court informed of any change of address and of all circumstances relevant to the application”.
THE LAW
The Court finds that, given their common factual and legal background, it is appropriate to join the present applications.
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 join the applications,
Decides to strike the applications out of its list of cases.
Marialena TsirliDragoljub Popović
Deputy RegistrarPresident
APPENDIX
No.
Application no. and date of lodging
Applicant’s details
Final judgment
Case details
36743/05, 29/09/2005
Constantin PLATON,
born on 02/05/1941, living in Chișinău
Chișinău Court of Appeal, 13/07/2004
Social housing case (judge)
36570/06,
24/08/2006
Profir VRABIE,
born on 13/02/1927
living in Edineț,
represented by Victor MARCU
Edineț District Court, 09/06/2006
Compensation of the pecuniary damage for unlawfully confiscated property located in Edineț
13322/07,
15/01/2007
Ilie NACU,
born on 05/03/1964
living in Chișinău
Supreme Court of Justice, 11/10/2006
Social housing case (internally displaced person)
Full & Egal Universal Law Academy