FIRST SECTION
DECISION
Application no. 48784/09
Anica STOLIĆ and Andrija STOLIĆ
against Croatia
The European Court of Human Rights (First Section), sitting on 4 March 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 29 July 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Ms Anica Stolić and Mr Andrija Stolić, are Croatian nationals, who were born in 1957 and 1955 respectively and live in Benkovac. They were represented before the Court by Mr Đ. Radović, an advocate practising in Biograd na Moru.
2. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
3. The applicants mainly complained under Article 8 of the Convention that the the termination of their specially protected tenancy had constituted a violation of their right to respect for their home.
4. The applicants’ complaint under Article 8 of the Convention was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.
5. By letter dated 19 December 2013, sent by registered post, the applicants’ representative was notified that the period allowed for submission of their observations had expired on 8 November 2013 and that no extension of time had been requested. The applicants’ representative’s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants’ representative received this letter on 30 December 2013. However, no response has been received.
THE LAW
6. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their application, within the meaning of 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 its Protocols which require the continued examination of the case.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
André WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Full & Egal Universal Law Academy