FOURTH SECTION
DECISION
Application no. 1469/08
S.C. LEMTRANS INTERNATIONAL PROD COM S.A. BUCUREȘTI
against Romania
The European Court of Human Rights (Fourth Section), sitting on 8 March 2018 as a Committee composed of:
Vincent A. De Gaetano, President,
Georges Ravarani,
Marko Bošnjak, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 22 December 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, S.C. Lemtrans International Prod Com S.A. București, is a company located in Bucharest.
2. The applicant company’s complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1 concerning the non‑enforcement of a final judgment were communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits.
3. By letter dated 13 December 2017, sent by registered post, the applicant company was invited to inform the Court about any developments of the proceedings at the domestic level. The applicant company’s attention 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. On 4 January 2018 the Court’s letter returned undelivered with an indication that the recipient had moved to a new address.
4. The applicant company, however, has not informed the Court of its change of address, as required under Rule 47 § 6 of the Rules of Court and has made no submissions on the progress of the case since its last correspondence dated 18 September 2014.
THE LAW
5. In the absence of any correspondence from the applicant company since 2014 and given its failure to reply to the strike-out warning, the Court concludes that the applicant company may be regarded as no longer wishing to pursue the application (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 the Protocols thereto which require the continued examination of the application.
6. 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 29 March 2018.
Liv TigerstedtVincent A. De Gaetano
Acting Deputy RegistrarPresident
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