FIRST SECTION

DECISION

Application no. 64596/16 Jovan MILJEVIĆ and Damjan MILJEVI Ć against Croatia

The European Court of Human Rights (First Section), sitting on 2 July 2019 as a Committee composed of:

Krzysztof Wojtyczek, President, Armen Harutyunyan, Pauliine Koskelo, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 3 November 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The first applicant, Mr Jovan Miljević , is a Croatian and French national, who was born in 1937 and lives in Èpinay -sur-Seine, France. The second applicant, Mr Damjan Miljević is a Croatian and Serbian national, who was born in 1941 and lives in Kaluđerica , Serbia. They were represented before the Court by Ms M. Cindrić Bojmić , a lawyer practising in Vukovar .

The applicants ’ complaint under Article 6 § 1 of the Convention concerning their inability to participate effectively in the civil proceedings was communicated to the Croatian Government (“the Government”), who were represented by their Agent, Ms Š. Stažnik .

The applicants failed to respond to the last Registry ’ s letter of 31 January 2019 (received by their representative on 6 February 2019), reminding them that the period allowed for submission of their reply to the Government ’ s observations had expired on 5 November 2018 and that no extension of that time-limit had been requested. Their attention was drawn to Article 37 § 1 (a) of the Convention.

THE LAW

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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 its Protocols which require the continued examination of the case.

In view of the above, it is appropriate 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.

Done in English and notified in writing on 25 July 2019 .

Renata Degener Krzysztof Wojtyczek Deputy Registrar President