FOURTH SECTION
DECISION
Application no. 38196/04
Nicola SION and Others against Romania
and 8 other applications
(see appended list)
The European Court of Human Rights (Fourth Section), sitting on 17 January 2019 as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning the application of the restitution laws in Romania were communicated to the Romanian Government (“the Government”), who submitted observations on the admissibility and merits.
By letters dated 17 August 2018, sent by registered post, the applicants were notified that the period allowed for submission of their claims for just satisfaction under Article 41 of the Convention had expired on 18 June 2018 and that no extension of time had been requested. The applicants’ 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.
The addressees received these letters on the dates indicated in the appended table. However, no reply has been received by the Court.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue the applications (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 applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 7 February 2019.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant
Date of birth
Represented by
Time-limit for submission of the applicant’s claims for just satisfaction
Date of
strike-out warning letter of the Court
Addressee of the strike-out warning
Date of delivery on return receipt
1.
38196/04
20/08/2004
Nicola SION
31/01/1942
Petru BRUMĂ
14/06/1920
Marta-Nina DĂNILĂ
12/04/1952
Nicola SION
18/06/2018
17/08/2018
representative
27/08/2018
2.
9323/06
21/02/2006
Rento Armand George CĂRĂUŞU
18/07/1934
Adriana CĂRĂUŞU
31/07/1939
Ștefan Mihai CISMARU
18/06/2018
17/08/2018
representative
29/08/2018
3.
11133/06
20/03/2006
Ion MUNTEANU
04/12/1936
Niculina MUNTEANU
09/10/1939
18/06/2018
17/08/2018
applicants
27/08/2018
4.
38793/06
19/09/2006
Georg ROTH
18/09/1948
Ion ALEXE
Bogdan Ion ALEXE
18/06/2018
17/08/2018
representatives
29/08/2018
5.
12318/07
14/03/2007
Alexandru-Florin NISTOR
30/01/1945
Mihai Dan DUȚU
18/06/2018
17/08/2018
representative
09/10/2018
6.
13346/07
08/03/2007
Marian CAZACU
26/07/1956
Valentina Virginia MÂȚU
25/08/1930
18/06/2018
17/08/2018
applicants
04/09/2018
7.
28717/07
06/04/2007
Vasilica CRISTEA
09/05/1946
Nicoleta Florentina MARIN
18/06/2018
17/08/2018
representative
29/08/2018
8.
41077/09
22/07/2009
Adriana Irina MOLDOR
01/02/1940
Johanna Christina MOLDOR
18/11/1977
Adriean NEGUŢU
18/06/2018
17/08/2018
representative
27/08/2018
9.
76230/13
22/11/2013
Neculai MIHAI
01/07/1946
18/06/2018
17/08/2018
applicant
03/09/2018
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