SECOND SECTION

DECISION

Application no. 43969/09 LADINI S.R.L. against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 9 September 2021 as a Committee composed of:

Branko Lubarda, President, Pauliine Koskelo, Marko Bošnjak, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 8 August 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ladini S.R.L., is a company registered in Chișinău.

The applicant company was represented by Mr V. Ladin , its director.

The applicant company’s complaint under Article 6 § 1 of the Convention concerning legal certainty was communicated to the Moldovan Government (“the Government”).

On 3 December 2019 the Registry sent a letter to the applicant company requesting certain documents essential to the processing of the application. No reply was received to this letter.

By letter dated 27 October 2020, sent by registered post, the applicant company was notified that the period allowed for submission of the requested documents had expired on 20 July 2020 and that no extension of time had been requested. The applicant company’s 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. However, no response has been received. The applicant company did not inform the Court of any change of its address or write to the Court since 19 September 2019.

The Government informed the Court of the fact that on 9 July 2020 the Supreme Court of Justice had reopened the domestic proceedings which have the subject of the present application. As a result, the applicant company was restored in its rights, while the courts left to the Government to award any compensation for the violation of the applicant company’s rights. The Government’s Agent tried repeatedly to contact the applicant company, to no avail.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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 30 September 2021.

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Viktoriya Maradudina Branko Lubarda Acting Deputy Registrar President