SECOND SECTION
DECISION
Application no. 55569/11
Alexandra PODDEACEVA
against the Republic of Moldova
The European Court of Human Rights (Second Section), sitting on 31 August 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 August 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Alexandra Poddeaceva, was born in 1950. She was represented by Mr A. Savva, a lawyer practising in Chisinau.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the breach of the principle of legal certainty, as well as under Article 1 of Protocol No. 1 to the Convention, were communicated to the Moldovan Government (“the Government”), who submitted observations on the admissibility and merits.
On 30 November 2022 the Government submitted observations on the admissibility and merits of the application. The observations were forwarded to the applicant’s representative through the Court’s Electronic Communication Service (eComms) inviting him to submit the observations on behalf of the applicant. No reply was received to the Registry’s letter although both the letter and its annexes were downloaded on 3 December 2012 and 13 January 2023.
By letter dated 8 February 2023, sent both through eComms and by post, the applicants’ representative was notified that the period allowed for submission of the observations on the applicant’s behalf had expired and that no extension of time had been requested. The attention of the representative was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The letter sent via eComms was downloaded on 9 February 2023 and the letter sent by post was received on 22 February 2023. No response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, 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.
Accordingly, the case should be struck 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 21 September 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President