FOURTH SECTION

DECISION

Application no. 36035/16 Dušan PETEK against Slovenia

The European Court of Human Rights (Fourth Section), sitting on 4 September 2018 as a Committee composed of:

Faris Vehabović, President, Carlo Ranzoni, Péter Paczolay, judges, and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 21 June 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Dušan Petek, is a Slovenian national, who was born in 1977 and lives in Bohinjska Bistrica. He was represented before the Court by Odvetniška družba Čeferin in partnerji, a law company from Grosuplje.

2. The Slovenian Government (“the Government”) were represented by their Agent, Mrs T. Mihelič Žitko, State Attorney.

3. The applicant complained under Articles 6 and 13 of the Convention that by refusing to consider his petition for constitutional review on the merits, the Constitutional Court had arbitrarily adopted a restrictive interpretation of the Constitutional Court Act and had thereby denied him access to court and to the only remedy available in his case. The applicant further complained of a violation of Article 1 of Protocol No. 1 because the Bohinj Municipality had classified the road on his plot as a public road without instituting expropriation proceedings and paying him compensation.

4. On 25 January 2018 the Court decided to give notice to the Government of the applicant ’ s complaints detailed above.

5. On 18 May 2018 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded on 25 May 2018 to the applicant, who was invited to submit observations in reply by 6 July 2018.

6. On 21 June 2018 the applicant ’ s representative informed the Court that the applicant wanted to withdraw the application.

THE LAW

7. In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, 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.

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 27 September 2018 .

Andrea Tamietti Faris Vehabović Deputy Registrar President