FIRST SECTION

DECISION

Application no. 41896/98 by Vincenzino CIARLO against Italy

The European Court of Human Rights (First Section) , sitting on 23 May 2002 as a Chamber composed of

Mr C.L. Rozakis , President , Mrs F. Tulkens , Mr P. Lorenzen , Mrs N. Vajić , Mr E. Levits , Mr A. Kovler , Mr V. Zagrebelsky , judges , and Mr E. Fribergh , Section Registrar ,

Having regard to the above application lodged with the European Commission of Human Rights on 21 October 1997,

Having regard to Article 5 § 2 of Protocol No. 11 to the Convention, by which the competence to examine the application was transferred to the Court,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Vincenzino Ciarlo, is an Italian national, who was born in 1927 and lives in Genoa. He is represented before the Court by Mr G. Murialdo, who works in an insurance company in Genoa.

M.C., who is not the applicant, is the owner of an apartment in Genoa, which he had let to R.S.

In a writ served on the tenant on 22 February 1993, he communicated his intention to terminate the lease on expiry of the term and summoned her to appear before the Genoa Magistrate. By a decision of 18 November 1993, which was made enforceable on the same day, the Genoa Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by 31 October 1996.

REASONS FOR THE DECISION

The Registry has on several occasions invited the applicant to specify the object of his application and submit factual information relating to the case. But the applicant has not replied.

By a registered letter of 11 February 2002, the Registry of the Court renewed its request and warned the applicant that, should such information not be received before 15 March 2002, the Court might decide to strike the case off its case-list. The applicant, who received the said letter on 16 February 2002, did not reply.

In the light of the above, in accordance with Article 37 § 1 of the Convention, the Court now considers that the applicant has lost interest in her application. Furthermore, the Court finds no special circumstances regarding respect for human rights as defined in the Convention which require the continuation of the examination of the application, so he proposes 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.

Erik Fribergh Christos Rozakis Registrar President