SECOND SECTION

FINAL DECISION

Application no. 56519/00 by Miroslav MAŘÍK against the Czech Republic

The European Court of Human Rights ( Second Section) , sitting on 27 August 2002 as a Chamber composed of

Mr J.-P. Costa , President , Mr Gaukur Jörundsson , Mr C. Bîrsan , Mr K. Jungwiert , Mr V. Butkevych , Mrs W. Thomassen , Mr M. Ugrekhelidze , judges , and Mrs S. Dollé , Section Registrar ,

Having regard to the above application introduced on 17 February 2000,

Having regard to the Section’s partial decision of 8 January 2002,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Miroslav Mařík, is a Czech and French national, who was born in 1938 and lives in Charmey (Switzerland). The respondent Government were represented by their Agent, Mr V. Schorm.

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

In 1968 the applicant left the former Czechoslovakia and settled in France, obtaining the status of a political refugee. In 1979 he obtained French citizenship. By judgment of the Prague 7 District Court ( okresní soud ) on 25 January 1983, he was found guilty of deserting the Republic. He was sentenced to two years’ imprisonment and his property was confiscated. In November 1984 his property was sold by the State to other persons.

On 1 July 1990 the Judicial Rehabilitation Act entered into force. Under section 2(1), all convictions between 25 February 1948 and 1 January 1990 relating to events occurring after 5 May 1945 were quashed with effect from the date on which they were pronounced, together with any subsequent decisions. Decisions concerning confiscation of property were an example. According to section 23(2), the conditions under which the provisions of the Act were to apply to restitution claims, as well as the manner of redress and the scope of such claims, were to be defined in separate legislation.

On 1 April 1991 the Extra-Judicial Rehabilitation Act came into force setting out the conditions for Czech citizenship and permanent residence in the Czech Republic for persons claiming the restitution of property which had been confiscated under the former communist regime.

On 12 July 1994, with effect from 1 November 1994, the Constitutional Court repealed inter alia the condition of being a permanent resident in the Czech Republic, as being contrary to the Constitution of the Czech Republic and to Article 1 of Protocol No. 1 to the Convention.

On 21 April 1995 the applicant, still residing in France, brought, pursuant to the Extra-Judicial Rehabilitation Act, an action for the restitution of his property before the Prachatice District Court.

On 20 March 1998 the District Court ordered the defendant to conclude a restitution agreement with the applicant. On 16 September 1998 the České Budějovice Regional Court ( krajský soud ) , upon the defendant’s appeal, modified the District Court’s judgment and dismissed the applicant’s action.

On 12 September 2000 the Supreme Court ( Nejvyšší soud ) , upon the applicant’s appeal on points of law, quashed the judgments of the lower courts and sent the matter back to the District Court which, on 17 August 2001,  ordered the  defendant to conclude a  restitution agreement

with the applicant. On 18 April 2002 the judgment became final. On 27 May 2002 the applicant was registered in the Prachatice Land Registry as the owner of the property. On 9 June 2002 he took possession of the property.

COMPLAINT

The applicant originally complained under Article 6 § 1 of the Convention that the restitution proceedings before the Czech courts were unreasonably long.

On 24 June 2002 the applicant informed the Court that he had been registered in the Prachatice Land Register as the owner of the property at issue on 27 May 2002, that he had taken possession of this property on 9 June 2002 and that, consequently, he did not wish to pursue the application.

THE LAW

The applicant originally complained about the length of the restitution proceedings before the Czech courts.

In their letter of 17 July 2002 the Government informed the Court that the applicant had unofficially notified them that he would not continue to pursue his application before the Court.

On 24 June 2002 the applicant informed the Court that on 27 May 2002 he had been registered by the Prachatice Land Registry as the owner of the property which had been the subject of the restitution proceedings, that he had taken possession of this property on 9 June 2002 and that, consequently, he did not wish to pursue the application.

Having regard to Article 37 § 1 (a) of the Convention, the Court notes that the applicant does not intend to pursue the application. 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 examination of the application to be continued.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

S. Dollé J.-P. Costa Registrar President