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FLOREA AND OTHERS v. ROMANIA
Doc ref: 11996/05;19687/05;27687/05;22987/08;8936/09;53193/09;28958/10;55961/10;60375/10;56477/13 • ECHR ID: 001-190045
Document date: January 17, 2019
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FLOREA AND OTHERS v. ROMANIA
Doc ref: 11996/05;19687/05;27687/05;22987/08;8936/09;53193/09;28958/10;55961/10;60375/10;56477/13 • ECHR ID: 001-190045
Document date: January 17, 2019
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 11996/05 Constantin-Valeriu FLOREA and Iulian-Mihai FLOREA against Romania and 9 other applications ( see appended list )
The European Court of Human Rights (Fourth Section), sitting on 17 January 2019 as a C ommittee composed of:
Georges Ravarani, President, Marko Bošnjak , Péter Paczolay , judges, and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Article 1 of Protocol No. 1 to the Convention concerning the application of the restitution laws in Romania were communicated to the Romanian Government (“the Government”) , who submitted observations on the admissibility and merits.
By letters dated 17 August 2018, sent by registered post, the applicants were notified that the period allowed for submission of their claims for just satisfaction under Article 41 of the Convention had expired on 18 June 2018 and that no extension of time had been requested. The applicants ’ 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.
No reply to these letters has been received by the Court (see details in the appended table).
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue the applications (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 the Protocols thereto which require the continued examination of the applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 7 February 2019 .
Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President
APPENDIX
No.
Application no.
Date of introduction
Applicant Date of birth
Represented by
Addressee of the strike-out warning
Registry ’ s letter of 17/08/2018
1.
11996/05
25/03/2005
Constantin-Valeriu FLOREA 01/06/1932
Iulian-Mihai FLOREA 24/01/1937
applicants
returned as unclaimed on 18/10/2018
2.
19687/05
23/05/2005
Mălin-Matei MUȘETESCU 16/07/1961
Ion- Mircea MUȘETESCU 07/01/1935
applicants
returned as unclaimed on 28/09/2018
3.
27687/05
15/07/2005
Maria ȘATRAN 23/08/1938
applicant
no reply; last letter received from the applicant on 08/12/2014
4.
22987/08
10/05/2008
Maria VASU 19/09/1939
proceedings in her own name and in her capacity as an heir to her husband
Vasile VASU b: 14/06/1935 d: 02/12/2012
applicant
no reply; last letter received from the applicants on 04/03/2010
5.
8936/09
05/02/2009
Bernhard Michael OPRI Åž 11/04/1947
applicant
returned on 10/09/2018, addressee unknown
6.
53193/09
13/05/2009
Mihail Antonio TEODORESCU FRUMOSU 23/03/1966
Alexandru Tadeus TEODORESCU FRUMOSU 08/07/1973
Ofelia MUNTEANU
representative
returned as unclaimed on 19/10/2018
7.
28958/10
13/05/2010
Iustina WERTHEBACH 22/09/1958
applicant
returned as unclaimed on 25/09/2018
8.
55961/10
22/09/2010
Nicolle Catherine Marie Lydia BASILESCU 19/07/1921
Alice BUICAN
representative
returned as unclaimed on 20/09/2018
9.
60375/10
05/10/2010
Alex TALLIER 10/08/1941
Juliana TALLIER 15/11/1943
Mihaela RÄ‚MULESCU
representative
returned as unclaimed on 25/09/2018
10.
56477/13
28/08/2013
Gheorghe DUMITRU 31/08/1954
applicant
returned as unclaimed on 25/09/2018
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