SECOND SECTION
DECISION
Application no. 56027/08
YENİ GÜNEŞLİ ÇELİKLER PETROL NAKLİYAT GIDA TİCARET VE SANAYİ LİMİTED ŞİRKETİ
against Turkey
The European Court of Human Rights (Second Section), sitting on 6 November 2018 as a Committee composed of:
Ledi Bianku, President,
Jon Fridrik Kjølbro,
Ivana Jelić, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 7 November 2008,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Yeni Güneşli Çelikler Petrol Nakliyat Gıda Ticaret ve Sanayi Limited Şirketi, is a company and has its seat of business in Istanbul. It is represented before the Court by Mr Y.A. Kutluer, a lawyer practising in Istanbul.
The Turkish Government (“the Government”) were represented by their Agent.
The applicant company’s complaint under Article 6 § 1 of the Convention concerning the right of access to a court were communicated to the Turkish Government (“the Government”), who submitted their observations on the admissibility and merits of the application. The observations were forwarded to the applicant company’s representative, who was invited to submit its observations in reply as well as its claims for just-satisfaction. No reply was received to the Registry’s letter.
By a letter dated 10 July 2018, sent by registered post, the applicant company’s representative was notified that the period allowed for submission of observations in reply had expired on 23 May 2018 and that no extension of time had been requested. 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 applicant company’s representative received this letter on 16 July 2018. However, no response has been received.
THE LAW
The Court considers that, in these circumstances, the applicant company may be regarded as no longer wishing to pursue the 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.
Done in English and notified in writing on 29 November 2018.
Hasan BakırcıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy