FIFTH SECTION
DECISION
Application no. 71880/12
Nodari ZAKARADZE
against Georgia
The European Court of Human Rights (Fifth Section), sitting on 20 June 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 1 November 2012,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Nodari Zakaradze, was born in 1953.
The applicant was represented by Mr D. Didmanidze, a lawyer practising in Batumi.
The applicant’s complaint under Article 1 of Protocol No. 1 of the Convention concerning the revocation of his property title over a plot of land was communicated to the Georgian Government (“the Government”). After the parties had exchanged their observations, the Government informed the Court that a new remedy was available to the applicant.
On 10 January 2019 the Registry sent a letter to the applicant’s representative inviting him to inform the Court as to whether the applicant had had, or intended to have, recourse to the remedy in question. No reply was received to this letter.
By letters dated 5 April 2019, sent by registered post, the applicant and his representative were notified that the period allowed for submission of the information requested had expired on 31 January 2019 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. The applicant and his representative received these letters on 16 April 2019. However, no response has been received.
THE LAW
In the light of the foregoing, the Court concludes that the applicant does not wish 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 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 11 July 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
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