FOURTH SECTION
DECISION
Application no. 47613/16
Zoran STANISAVLJEVIĆ
against Serbia
The European Court of Human Rights (Fourth Section), sitting on 9 November 2023 as a Committee composed of:
Faris Vehabović, President,
Anja Seibert-Fohr,
Anne Louise Bormann, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 28 July 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Zoran Stanisavljević, was born in 1963. He was represented by Ms S. Cvetanović, a lawyer practising in Niš.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the inconsistent case-law of the domestic courts was communicated to the Serbian Government (“the Government”).
On 26 January 2023 the applicant’s representative informed the Registry that the applicant had died and that his daughters, as his heirs, wished to pursue the application in his stead. The Government contested this request.
The Government’s observations were then forwarded to the applicant’s heirs, who were invited to submit their own observations in reply. No reply was received to the Registry’s letter.
By letter dated 1 June 2023, sent through the Court’s Electronic Communications Service (eComms), the representative of the applicant’s heirs was notified that the period allowed for submission of their observations had expired on 11 May 2023 and that no extension of time had been requested. Her 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 representative downloaded this letter on the eComms platform on 1 June 2023. However, no response has followed.
THE LAW
In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, even assuming that the applicant’s heirs have standing to pursue the application on his behalf, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.
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 30 November 2023.
Viktoriya Maradudina Faris Vehabović
Acting Deputy Registrar President
Full & Egal Universal Law Academy