FIFTH SECTION

DECISION

Application no . 69361/12 Stoyan Yordanov NEDELCHEV against Bulgaria

The European Court of Human Rights (Fifth Section), sitting on 29 August 2017 as a Committee composed of:

Nona Tsotsoria , President, Síofra O ’ Leary, Lәtif Hüseynov , judges, and Anne-Marie Dougin , Acting Deputy Section Registrar ,

Having regard to the above application lodged on 17 October 2012,

Having regard to the correspondence with the parties,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Stoyan Yordanov Nedelchev , is a Bulgarian national, who was born in 1927 and live d in Sofia.

The Bulgarian Government were represented by their Agent, Ms L. Gyurova , of the Ministry of Justice.

The applicant complained, under Article 6 § 1 and Article 13 of the Convention , about the non-enforcement of a final judgment in his favour and the lack of an effective domestic remedy in this connection.

The Government were given notice of these complaints and submitted observations on their admissibility and merits. The observations were sent to the applicant, who was invited to submit observations in reply and, if he so wished, a claim for just satisfaction. No reply has been received to that letter of the Court ’ s Registry.

Accordingly, by letter dated 14 October 2016, sent by registered post to the applicant ’ s address, he was warned that the period allowed for submission of his observations had expired and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention, under which the Court may strike an application out of its list of cases if the circumstances lead to the conclusion that the applicant does not intend to pursue it.

The letter of 14 October 2016 was returned back to the Court as unreceived on 7 November 2016, with a mention stating that the applicant had died. No heirs presented themselves to pursue the procedure.

THE LAW

In the light of the foregoing, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention.

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 21 September 2017 .

Anne-Marie Dougin Nona Tsotsoria              Acting Deputy Registrar President