SECOND SECTION
DECISION
Application no. 13980/19
Katerina TRAJCHESKA
against North Macedonia
The European Court of Human Rights (Second Section), sitting on 9 November 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 6 March 2019,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Katerina Trajcheska, was born in 1979. She was represented by Ms M. Sekuloska, a lawyer practising in Kichevo.
The applicant’s complaint under Article 6 of the Convention related to the alleged lack of impartiality of an expert who drew up expert opinions in the impugned civil proceedings was communicated to the Government of North Macedonia (“the Government”). The Government’s written observations on the admissibility and merits of that complaint were received at the Court on 13 April 2023 and were forwarded to the applicant’s lawyer four days later, via the Court’s Electronic Communication Service (“eComms”). The applicant’s lawyer was also invited to submit by 30 May 2023 written observations in reply on behalf of the applicant, together with any claim for just satisfaction.
The applicant’s lawyer did not download the Government’s observations.
In a letter dated 5 June 2023 and sent to the applicant’s lawyer via eComms on the same day, she was warned that the time-limit for submission of the applicant’s written observations and of any claim for just satisfaction had expired and that no extension of time has been requested; her attention was also drawn to the terms of 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 applicant’s lawyer downloaded that letter from eComms on 30 August 2023 but has not replied to it.
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, 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 Frédéric Krenc
Acting Deputy Registrar President
Full & Egal Universal Law Academy