FIFTH SECTION

DECISION

Application no . 8733/15 Klaus FUHRMANN against Germany

The European Court of Human Rights ( Fifth Section ), sitting on 13 September 2016 as a Committee composed of:

Ganna Yudkivska , President, André Potocki , Síofra O ’ Leary , judges,

and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 11 February 2015 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Klaus Fuhrmann , is a German national, who was born in 1961 and lives in Kreuztal . He was represented before the Court by Mr D. Blumberg , a lawyer practising in Kiel .

The German Government (“the Government”) were represented by their Agent, Mrs K. Behr , of the Federal Ministry for Justice and Consumer Protection .

The applicant complained under Article s 8 and 6 § 1 of the Convention about the Schleswig Court of Appeal ’ s decision not to enforce the family court ’ s final return order under the Hague Convention .

The applicant ’ s complaints concerning Articles 8 and 6 § 1 of the Convention were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry ’ s letter.

By letter dated 4 May 2016 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his observations had expired on 26 February 2016 and that no extension of time had been requested. The applicant ’ s representative ’ s attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicant ’ s representative received this letter on 13 May 2016 . However, no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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.

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 6 October 2016 .

Milan BlaÅ¡ko Ganna Yudkivska              Deputy Registrar President