FIFTH SECTION

DECISION

Application no . 7858/09 Balaja ABDULLAYEV against Azerbaijan

The European Court of Human Rights (Fifth Section), sitting on 6 June 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 28 January 2009,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Balaja Bayram oglu Abdullayev , is an Azerbaijani national, who was born in 1959 and lives in Baku.

The Azerbaijani Government (“the Government”) were represented by their Agent, Mr Ç. Asgarov .

The applicant complained under Article 1 of Protocol No. 1 of the Convention about the order on demolition of his squatter house .

He also complained under Article 8 of the Convention that, in case of enforcement of the demolition order, he and his family would have lost their home, their only place of residence.

The applicant ’ s complains were communicated to the Government, who submitted their observations on the admissibility and merits. In the observations, t hey also informed the Court that the respective demolition order had not been enforced.

By letter dated 1 March 2017 the applicant informed the Court that he wanted to withdraw the application since the matter had been resolved.

THE LAW

In the light of the above, the Court considers that the applicant does not intend to pursue his application within the meaning of Article 37 § 1 (a) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine .

Accordingly, the case should be struck 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 29 June 2017 .

Anne-Marie Dougin Nona Tsotsoria              Acting Deputy Registrar President