FIRST SECTION
DECISION
Application no. 69354/13
VILA SH.P.K.
against Albania
The European Court of Human Rights (First Section), sitting on 4 October 2016 as a Committee composed of:
Kristina Pardalos, President,
Pauliine Koskelo,
Tim Eicke, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 29 October 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company Vila SH.P.K., is a company incorporated under the Albanian law in Kukës. It is represented by its legal representative, Mr R. Jata.
The Albanian Government (“the Government”) were represented by their Agent, Ms A. Hicka of the State Advocate’s Office.
By a final judgment of 31 October 2012 the Tirana Court of Appeal ordered the Central Technical Inspectorate (Inspektoriati Qendror Teknik) to pay the applicant company compensation in the amount of Albanian lek 986,554 (“ALL”). On 24 December 2012 an enforcement writ was issued.
The applicant company complained under Article 6 § 1 of the Convention about the non-enforcement of the final court judgment. It also complained under Article 13 of the Convention about a lack of an effective remedy in respect of the authorities’ failure to enforce that judgment.
On 15 December 2015 the Court decided to give notice of the application to the Government (Rule 54 § 2 (b) of the Rules of Court).
On 11 April 2016 the Government informed the Court that the final national court’s judgment of 31 October 2012 had been fully enforced on 7 July 2014. Supporting documents were submitted. On 1 August 2014 the bailiff discontinued the enforcement proceedings on the ground that the final court judgment had been fully enforced.
On 28 April 2016 the Government’s observations were forwarded to the applicant company, which was invited to submit its just satisfaction claims.
On 6 July 2016 the Registry’s letter of 28 April 2016 was returned undelivered with a note “unknown” (“i panjohur”).
The applicant company has not to date resumed its correspondence with the Court.
THE LAW
The Court reiterates that, Article 37 of the Convention, in its relevant part, provides as follows:
“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application; or
(b) the matter has been resolved; or
(c) for any other reason established by the Court, it is no longer justified to continue the examination of the application ...”
Having regard to the events that occurred after the notice of the application had been given to the respondent Government, the Court considers that Article 37 § 1 of the Convention should be applied.
The Court also recalls that, pursuant to Rule 47 § 7 of the Rules of Court, “applicants shall keep the Court informed of any change of address and of all circumstances relevant to the application”. In this respect, it is to be noted that the applicant company has failed to respond to correspondence from the Registry of the Court, the last of which was sent on 28 April 2016. Nor has the applicant company informed the Court of any change of its address. Moreover, it transpires from the documents submitted by the Government that the final court judgment of 31 October 2012 was fully enforced.
The Court considers that, in these circumstances, the applicant company may be regarded as no longer wishing to pursue its application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court, having also regard to the fact that the final court judgment had been fully enforced, 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 discontinue the application of Article 28 § 1 (b) of the Convention and 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.
Done in English and notified in writing on 27 October 2016.
Renata DegenerKristina Pardalos
Deputy RegistrarPresident
Full & Egal Universal Law Academy