FIRST SECTION
DECISION
Application no. 51079/10
Rosario TAURINO
against Italy
The European Court of Human Rights (First Section), sitting on 25 August 2022 as a Committee composed of:
Krzysztof Wojtyczek, President,
Erik Wennerström,
Lorraine Schembri Orland, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 August 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Rosario Taurino, was born in 1934. He was represented by Ms R. Palotti, a lawyer practising in Milan.
The applicant’s complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention, concerning legislative interference with pending proceedings, were communicated to the Italian Government (“the Government”).
On 19 November 2018 the Government informed the Court that the applicant had died on 3 November 2018.
On 14 January 2019 the applicant’s representative confirmed that the applicant had died and informed the Court that his heirs were assisted by another lawyer.
On the same date the applicant’s alleged heirs, represented by Ms M.A. Palmieri and Ms E.D. Serafino, informed the Court that they wished to pursue the proceedings before the Court in the applicant’s stead.
On 31 March 2022 the Registry sent a letter to the applicant’s alleged heirs requesting a copy of an official document certifying that they were the applicant’s legal heirs and a duly signed authority empowering the representatives to act before the Court on their behalf. No reply was received to this letter.
By letter dated 17 May 2022, sent by registered post, the applicant’s alleged heirs were notified that the period allowed for submission of the requested documents had expired on 26 April 2022 and that no extension of time had been requested. Their 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. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant’s heirs do not wish to pursue the application within the meaning of Article 37 § 1 (a) of the Convention.
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 15 September 2022.
Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President