DUMITRAŞCU v. ROMANIA
Doc ref: 43350/10 • ECHR ID: 001-166976
Document date: August 30, 2016
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FOURTH SECTION
DECISION
Application no . 43350/10 Elena DUMITRAÅžCU against Romania
The European Court of Human Rights (Fourth Section), sitting on 30 August 2016 as a Committee composed of:
Paulo Pinto de Albuquerque, President, Iulia Motoc, Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar ,
Having regard to the above application lodged on 12 April 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Elena Dumitraşcu, is a Romanian national, who was born in 1964 and lives in Târgu-Jiu.
2. The Romanian Government (“the Government”) were represented by their Agent, Ms C. Brumar, from the Ministry of Foreign Affairs.
3. The applicant complained under Article 6 § 1 of the Convention about the alleged retroactive application of a new civil law to the facts of her case.
4. The application was 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 her own observations. No reply was received to the Registry ’ s letter.
5. By letter dated 6 May 2016, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 2 March 2016 and that no extension of time had been requested. The applicant ’ 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 did not collect her letter from the post office. She had not informed the Court of a change of address. Moreover, no response has been received.
THE LAW
6. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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.
7. 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 22 September 2016 .
Andrea Tamietti Paulo Pinto de Albuquerque Deputy Registrar President
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