FOURTH SECTION
DECISION
Application no. 16696/10
by Miroslav PRÍBELSKÝ
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 4 January 2011 as a Committee composed of:
Lech Garlicki, President,
Ján Šikuta,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 March 2010,
Having deliberated, decides as follows:
THE FACTS
The application was lodged by Mr Miroslav Príbelský, a Slovak national who was born in 1952 and lives in Nitra. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings.
The applicant’s complaint was communicated to the Government. In the course of friendly settlement negotiations, the Government accepted the Registrar’s proposal and submitted their friendly settlement declaration. However, the Registry received no reply from the applicant within the time‑limit set for that purpose.
By letters dated 16 September and 20 October 2010, sent by registered post, the applicant was notified that the period allowed for informing the Court about his position regarding a friendly settlement had expired on 2 September 2010 and that no extension of time had been requested. The applicant was requested to inform the Registry whether he wishes to pursue his application. The applicant’s attention was also 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. Both letters were returned to the Registry as “non-reclamé”.
THE LAW
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, 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 case.
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.
Fatoş AracıLech Garlicki
Deputy RegistrarPresident
Full & Egal Universal Law Academy