THIRD SECTION

DECISION

Application no . 19971/07 Dragutin ĆIROVIĆ against Serbia

The European Court of Human Rights (Third Section), sitting on 10 October 2017 as a Committee composed of:

Pere Pastor Vilanova , President, Branko Lubarda , Georgios A. Serghides , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 14 April 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dragutin Ćirović , a Serbian national, was born in 1935 and lived in Rudnik . The Serbian Government (“the Government”) were initially represented by their former Agent, Ms V. Rodić , who was subsequently substituted by their current Agent, Ms N. Plavšić .

The facts of the case, as submitted by the applicant, may be summarised as follows.

On an unspecified date, the applicant lodged a trespass claim against “ Srbija Šume ” ( Javno preduzeće Srbija Šume ŠG Kragujevac – ŠU Gornji Milanovac ), a statutory corporation.

On 14 June 2006 the Municipal Court in Gornji Milanovac accepted the applicant ’ s requests c oncerning trespassing and on 24 November 2006 ordered “ Srbija Šume ” to pay the applicant ’ s legal costs of RSD 86,400 within 15 days from the date of the receipt of that decision. On 17 January 2007 the District Court in Čačak upheld the decision of 24 No vember 2006. The decision of 14 June 2006 became final in meantime, as no party had appealed against it. On 26 F ebruary 2007 the applicant lodged an enforcement request. On the same date the Municipal Court issued an enforcement order to this effect. The enforcement proceedings continued thereafter. On 8 April 2009 the District Court rejected the applicant ’ s last appeal.

The applicant complained under Article 6 of the Convention and Article 1 of the Protocol No. 1 that the enforcement of the court ’ s decisions in his favour has been protracted and in breach of domestic law.

On 14 October 2013 the Court decided to give notice to the Government of the applicant ’ s complaints detailed above.

On 4 December 2013 the last letter of the Court sent to the applicant was returned with the post mark indicating that the applicant had died.

On 16 December 2013 the Court sent a letter, by registered mail, to the only address provided by the applicant, inviting potential relatives to indicate whether they wished to pursue his application before the Court in the capacity of the applicant ’ s heirs, and to inform th e Court of their decision by 15 January 2014.

On 10 January 2014 the Court received the advice of receipt in relation to the last letter sent to the applicant indicating that the letter could not be delivered. In the meantime no heirs presented themselves to continue with the application.

THE LAW

The Court notes that the applicant has died and that no request has been submitted by his heirs to pursue the examination of the case. In these circumstances the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention. Furtherm ore, 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 9 November 2017 .

FatoÅŸ Aracı Pere Pastor Vilanova              Deputy Registrar President