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CIOBANU v. ROMANIA

Doc ref: 23038/03 • ECHR ID: 001-182873

Document date: April 10, 2018

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CIOBANU v. ROMANIA

Doc ref: 23038/03 • ECHR ID: 001-182873

Document date: April 10, 2018

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 23038/03 Filofteia CIOBANU against Romania

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

Paulo Pinto de Albuquerque, President, Egidijus Kūris, Iulia Motoc, judges,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 16 June 2003,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mrs Filofteia Ciobanu, is a Romanian national, who was born in 1958 and lives in Brașov.

2. The applicant ’ s complaint under Article 6 § 1 of the Convention concerning access to court was communicated to the Romanian Government (“the Government”), who were represented by their Agent, Mrs C. Brumar, from the Ministry of Foreign Affairs.

3. By a letter of 31 January 2017, sent by registered post, the applicant was invited to inform the Court about any developments in the proceedings at domestic level and to confirm that she wished to maintain her application lodged with the Court. Her 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 27 February 2017 the letter sent to the applicant returned to the Court as unclaimed.

5. The most recent correspondence from the applicant is dated 9 April 2013.

THE LAW

6. In absence of any correspondence from the applicant since 2013 and given her failure to reply to the strike-out warning, the Court considers that the applicant may be regarded as no longer wishing to pursue her application, within the meaning of 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 its Protocols which require the continued examination of the case.

7. 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 3 May 2018 .

Andrea Tamietti Paulo Pinto de Albuquerque              Deputy Registrar President

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