FOURTH SECTION

DECISION

Application no . 29193/09 Aurel MIRON against Romania

The European Court of Human Rights (Fourth Section), sitting on 1 June 2017 as a Committee composed of:

Vincent A. De Gaetano, President, Georges Ravarani , Marko Bošnjak , judges,

and Karen Reid, Section Registrar,

Having regard to the above application lodged on 20 May 2009 ,

Having regard to the decision to restore the application to its list of cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Aurel Miron , was born in 1940.

On 19 May 2016, the Court (Fourth Section) sitting as a Committee, decided to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention on the basis of an unilateral declaration submitted by the Romanian Government (“the Government”) acknowledging a violation of Article 6 § 1 of the Convention due to the excessive length of civil proceedings and awarding the applicant the amount of 2,800 euros (EUR) in respect of pecuniary and non-pecuniary damages, costs and expenses.

On 25 August 2016 the Government made a request to restore the application to the Court ’ s list of cases as in the course of the proceedings to enforce the Court ’ s decision, they were informed that the applicant had died on 15 April 2015. The Government also informed the Court that the applicant has two registered heirs and attached to their request a copy of the inheritance certificate.

On 3 November 2016 the Court decided, under Rule 43 § 5 of the Rules of the Court, to restore the application to its list of cases on the basis of the applicant ’ s demise.

By letter dated 24 November 2016, sent by registered post, the applicant ’ s heirs were notified that the application had been restored to its list of cases and they were invited, in particular, to manifest their intention on whether they wished to pursue the application before the Court. The heirs ’ 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 they do not intend to pursue the application. The applicant ’ s heirs received this letter on 6 and 9 December 2016, respectively. However, no response has been received.

THE LAW

In the light of the foregoing, t he Court concludes that the applicant ’ s heirs may be regarded as not wishing to pursue the 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 the Protocols thereto which require the continued examination of the application.

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 22 June 2017 .

Karen Reid Vincent A. De Gaetano Registrar President