FOURTH SECTION

FINAL DECISION

Application no. 46926/99 by Krunoslav LEONTIĆ against Croatia

The European Court of Human Rights (Fourth Section) , sitting on 14 September 2000 as a Chamber composed of

Mr G. Ress, President ,

Mr I. Cabral Barreto,

Mr V. Butkevych,

Mrs N. Vajić,

Mr J. Hedigan,

Mr M. Pellonpää,

Mrs S. Botoucharova , judges , [Note1]

and Mr V. Berger, Section Registrar ,

Having regard to the above application introduced with the European Commission of Human Rights on 6 October 1998 and registered on 22 March 1999,

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 regard to the Court’s partial decision of 25 May 2000 to communicate the complaint concerning the applicant’s right of access to a court and to declare inadmissible the remainder of the application,

Having regard to the observations submitted by the respondent Government on 13 July 2000,

Having regard to the applicant’s letter of 16 July 2000 informing the Court that he no longer wishes to pursue his application,

Having deliberated, decides as follows:

THE FACTS

The applicant is a Croatian citizen, born in 1915 and residing in Split (Croatia).

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

As from 1 October 1992 the applicant’s military pension has been decreased to some 63,22 % of what it amounted to in December 1991.

The applicant challenged that decision and, after exhaustion of previous remedies, lodged a constitutional complaint related to the reduction of his pension and challenging the constitutionality of laws that served as the basis for such a reduction.

On 20 January 1999 the Constitutional Court terminated the proceedings due to the enactment of new legislation.

COMPLAINT

In respect to the Constitutional Court’s decision of 20 January 1999 the applicant complains under Article 6 § 1 of the Convention that the Constitutional Court failed to decide his claim.

THE LAW

By his letter of 16 July 2000 the applicant notified the Court that he no longer wishes to pursue his application.

Article 37 § 1 of the Convention provides, insofar as relevant:

“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;

(...)

However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires”

In the circumstances, the Court concludes that it is no longer justified to continue the examination of the application. Furthermore, the Court finds no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the examination of the application.

For these reasons, the Court unanimously,

DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES .

Vincent Berger Georg Ress Registrar President

[Note1] Judges names are to be followed by a COMMA and a MANUAL LINE BREAK ( Shift+Enter ). When inserting names via AltS please remove the substitute judge’s name, if necessary, and the extra paragraph return(s). (There is to be no extra space between the judges’ names and that of the Section Registrar.)