FIFTH SECTION
DECISION
Application no. 9838/12
TSIFROVI SISTEMI OOD
against Bulgaria
The European Court of Human Rights (Fifth Section), sitting on 13 December 2018 as a Committee composed of:
Síofra O’Leary, President,
Mārtiņš Mits,
Lado Chanturia, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 27 January 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company, Tsifrovi Sistemi OOD, is a Bulgarian limited liability company having its registered office in Varna.
The applicant company was represented before the Court by Mr M. Marinov, a lawyer practicing in Varna.
The applicant company complained under Article 6 § 1 of the Convention that owing to a statutory ban on judicial review envisaged in Article 416(7) of the Labour Code 1986, in force between December 2008 and October 2012, the domestic courts had refused to examine its legal challenge against fines imposed by the Varna Labour Inspectorate’s Director on the merits. On 4 July 2017 the complaint was communicated to the Bulgarian Government (“the Government”), who submitted observations on the admissibility and merits.
By letter dated 22 January 2018, sent by registered post to the applicant company’s legal representative’s address in Varna, Bulgaria, the applicant company was advised that the period allowed for submission of its observations had expired on 18 December 2017 and that no extension of time had been requested. The applicant company’s 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 it.
Having been informed by the postal services of the letter’s arrival, the applicant company’s legal representative left it unclaimed at the post office. The letter returned unopened to the Court on 22 March 2018. No further correspondence has been received from the applicant company, whereas its latest communication to the Court dates from 20 November 2012.
THE LAW
In the light of the foregoing, the Court concludes that the applicant company may be regarded as no longer wishing to pursue the application (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 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 17 January 2019.
Liv TigerstedtSíofra O’Leary
Acting Deputy RegistrarPresident
Full & Egal Universal Law Academy