FOURTH SECTION
DECISION
Application no. 53243/11
Qemal RUDI
against Albania
The European Court of Human Rights (Fourth Section), sitting on 30 September 2014 as a Committee composed of:
Paul Mahoney, President,
Ledi Bianku,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 2 April 2011,
Having regard to the comments submitted by the parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Qemal Rudi, is an Albanian national, who was born on 28 October 1952 and lives in Tirana. He was represented before the Court by Mr G. Andoni, a lawyer practising in Tirana.
2. The Albanian Government (“the Government”) were represented by their then Agent, Ms L. Mandia and, subsequently, by Ms. A. Hicka of the State Advocate’s Office.
3. On 29 September 2006 the Civil Service Commission ordered the General Directorate of Taxes to reinstate the applicant and pay salary arrears. On 20 April 2007 and 20 June 2008, respectively, the Court of Appeal and the Supreme Court upheld the decision of the Civil Service Commission.
4. The applicant complained under Articles 6 § 1 and 13 of the Convention as well as under Article 1 of Protocol No. 1 to the Convention about the partial non-enforcement of the final Court of Appeal’s decision of 20 April 2007, as upheld by the Supreme Court’s decision of 20 June 2008.
5. On 5 October 2012 the case was communicated to the parties.
THE LAW
6. On 27 June 2014 the applicant’s representative informed the Court that the Albanian Government had enforced the final decision in favour of the applicant by paying him the salary arrears. The applicant had accepted the terms of such enforcement and he requested the Court to strike the application out of the list of cases.
7. On 29 August 2014 the Government confirmed the payment of salary arrears in favour of the applicant and stated that the dispute between the parties had been resolved. The Government also requested the Court to strike the application out of the list of cases.
8. Having regard to the information submitted by the parties, the Court notes that the applicant was paid the salary arrears in full. It would appear that he no longer seeks reinstatement. In these circumstances, the Court finds that the matter under Articles 6 and 13 as well as under Article 1 of Protocol No. 1 to the Convention must be considered to have been resolved within the meaning of Article 37 § 1 (b) of the Convention. Moreover, in accordance with Article 37 § 1 in fine of the Convention, the Court finds no special circumstances regarding respect for human rights as defined in the Convention or its Protocols, which require the examination of the application.
9. Accordingly, the application should be struck out of the list.
For these reasons, the court, unanimously,
Decides to strike the application out of its case list.
Fatoş AracıPaul Mahoney
Deputy RegistrarPresident
Full & Egal Universal Law Academy