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APOLOZAN v. ROMANIA

Doc ref: 32367/15 • ECHR ID: 001-186906

Document date: September 13, 2018

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APOLOZAN v. ROMANIA

Doc ref: 32367/15 • ECHR ID: 001-186906

Document date: September 13, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 32367/15 Elena APOLOZAN against Romania

The European Court of Human Rights (Fourth Section), sitting on 13 September 2018 as a Committee composed of:

Georges Ravarani, President, Marko Bošnjak, Péter Paczolay, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 24 June 2015 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Ms Elena Apolozan, was born in 1937.

2 . The applicant ’ s complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Romanian Government (“the Government”) , who submitted observations on the admissibility and merits.

3 . By letter dated 23 May 2018, sent by registered post, the applicant was invited to inform the Court about any developments of the proceedings at the domestic level. The applicant ’ 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.

4 . On 19 June 2018 the Court ’ s letter was returned undelivered with an indication that the recipient has moved to a new address.

5 . The applicant, however, has not informed the Court of her change of address, as required under Rule 47 § 6 of the Rules of Court and has made no submissions on the progress of the case since her last correspondence dated 11 April 2016.

THE LAW

6 . In the absence of any correspondence from the applicant since 2016 and given her failure to reply to the letter sent by registered post, the Court considers that the applicant may be regarded as no longer wishing to pursue the application (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 application.

7 . In view of the above, 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 4 October 2018 .

Liv Tigerstedt Georges Ravarani Acting Deputy Registrar President

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