FIFTH SECTION

DECISION

Application no. 35981/07 Milcho Voychev GEORGIEV against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 10 July 2018 as a Committee composed of:

Gabriele Kucsko-Stadlmayer , President, Yonko Grozev , Lado Chanturia , judges,

and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 20 July 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Milcho Voychev Georgiev , was a Bulgarian national, who was born in 1946 and lived in Dinkovo village. He was represented before the Court by Mr M. Ekimdzhiev , a lawyer practising in Plovdiv.

The applicant ’ s complaint concerning the failure of a State agency to implement a final administrative court judgment in the applicant ’ s favour was communicated, on 30 November 2016, to the Bulgarian Government (“the Government”), who were represented by their Agent, Ms M. Dimitrova , from the Ministry of Justice.

On 15 February 2017 the applicant ’ s representative informed the Court in writing that the applicant had died “not a long time ago” and that his heirs, particulars in respect of whom he did not provide, had expressed a position as regards a possible friendly settlement.

By a letter of 13 April 2017 the Court ’ s Registry invited the applicant ’ s representative to communicate, by 15 May 2017, to the Registry a copy of an official document certifying the applicant ’ s death and giving information about the applicants ’ legal heirs. This invitation was reiterated in a letter of 26 October 2017 and the time-limit given for a reply was 23 November 2017. By a third letter of 4 May 2018 the late applicant ’ s lawyer was invited anew to send to the Court the above information by 18 May 2018. His attention was drawn to the possibility for the Court to strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant, or his or her next of kin, does not intend to pursue the application.

The applicant ’ s representative failed to respond to any of these three letters, which were all sent to and received by him electronically via the Court ’ s Electronic Communications System (known as eComms ).

THE LAW

The Court notes that the applicant ’ s representative has failed to reply, without any valid reason, to three letters of the Court requesting information from him.

It considers that, in the above circumstances, it is no longer justified to continue the examination of the application (see Article 37 § 1 (c) 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 6 September 2018 .

Milan BlaÅ¡ko Gabriele Kucsko-Stadlmayer              Deputy Registrar President