SECOND SECTION
DECISION
Application no. 47851/99
by Dimitrios SKODRAS
against Greece
The European Court of Human Rights (Second Section), sitting on 14 September 2000 as a Chamber composed of
MrA.B. Baka, President,
MrC.L. Rozakis,
MrG. Bonello,
MrsV. Straznicka,
MrP. Lorenzen,
MrM. Fischbach,
MrA. Kovler, judges,
andMrE. Fribergh, Section Registrar,
Having regard to the above application on 7 January 1999 and registered on 3 May 1999,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
THE FACTS
The applicant is a Greek national, born in 1950 and living in Thessaloniki. He is represented before the Court by Mrs E. Fotiadou, a lawyer practising in Thessaloniki.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 21 March 1991 the applicant lodged a civil action against Mrs PB before the single-member first instance civil court (monomeles protodikio) of Halkidiki. He asked the court to recognise him as the co-owner of a plot of land and to order the destruction of some buildings that had allegedly been constructed illegally thereon.
A hearing was fixed for 5 June 1991. However, on that date the lawyers were on strike and the hearing was adjourned until 11 December 1991. On that date the hearing was adjourned until 7 October 1992 at the request of the defendant. That hearing was also adjourned.
The hearing of 6 October 1993 was cancelled because of the elections.
A new hearing was fixed for 26 January 1994 but was again adjourned until 18 May 1994. On that date the hearing was adjourned until 11 January 1995 at the request of the parties. On 11 January 1995 the court adjourned the hearing until 8 February 1995 because it did not have time to examine the case. In the meantime on 25 January 1995 the judge visited the disputed plot of land together with the parties. On 8 February 1995 the court again adjourned the hearing until 22 February 1995 at the request of the parties. A further adjournment was ordered on 22 February 1995 until 22 March 1995 because the court did not again have the time to hear the parties.
On 22 March 1995 the case was heard. On 14 June 1995 the court ordered that the parties should appear again before it. The text of the decision was finalised on 5 March 1996.
In the meantime the judge who had heard the case was posted in Thessaloniki.
COMPLAINT
The applicant complains, under Article 6 § 1 of the Convention, about the length of the proceedings.
THE LAW
The Court recalls that the application was communicated to the Government for observations on 13 January 2000. The Government’s observations were transmitted to the applicant on 19 April 2000. He was invited to reply before 31 May 2000. On 19 June 2000 the Registrar of the Second Section, not having received any comments from the applicant, sent him a registered letter recalling the state of proceedings and drawing his attention to Article 37 § 1 (a) of the Convention, which provides:
“The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application;
…
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
The applicant did not reply.
In the light of the above, the Court considers that the applicant does not intend to pursue his application. The Court also considers that respect for human rights as defined in the Convention does not require it to continue the examination of the case. It, therefore, decides to strike the application out of its list of cases in accordance with Article 37 § 1 (a) of the Convention.
For these reasons, the Court, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
Erik FriberghAndras Baka
Registrar President
Full & Egal Universal Law Academy