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SERINO v. ITALY

Doc ref: 27858/03 • ECHR ID: 001-185132

Document date: June 26, 2018

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SERINO v. ITALY

Doc ref: 27858/03 • ECHR ID: 001-185132

Document date: June 26, 2018

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 27858/03 Luigi SERINO against Italy

The European Court of Human Rights (First Section), sitting on 26 June 2018 as a Committee composed of:

Kristina Pardalos, President, Pauliine Koskelo, Tim Eicke, judges, and Abel Campos, Section Registrar ,

Having regard to the above application lodged on 31 October 2000,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Luigi Serino, was an Italian national, who was born in 1925 and lived in Benevento. The applicant died on 2 January 2009. The applicant ’ s heirs, Mr Filippo Serino and Mrs Lucia Serino, informed the Court that they wished to pursue the application in the late applicant ’ s stead. In the proceedings before the Court, Filippo Serino acted on his own behalf and on behalf of his sister Lucia Serino, in respect of whom he had been conferred a general power of attorney.

Both Luigi Serino and his heirs were represented before the Court by Mr S. Ferrara, a lawyer practising in Benevento.

The Italian Government (“the Government”) were represented by their Agent, Mrs E. Spatafora and their Co-Agent, Mrs P. Accardo.

The applicant complained that the expropriation of his land without adequate compensation amounted to a violation of Article 1 of Protocol No. 1 to the Convention. He further complained about the length of the domestic proceedings under Article 6 § 1.

On 9 November 2017 the Court decided to give notice to the Government of the applicant ’ s complaints detailed above.

On 13 March 2018 the Government submitted to the Registry their observations on the admissibility and merits of the application.

On 3 April 2018 Mr Ferrara informed the Registry that Mr Filippo Serino no longer wished to pursue the application before the Court. He enclosed a signed declaration by Mr Serino to this effect.

THE LAW

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 19 July 2018 .

Abel Campos Kristina Pardalos Registrar President

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