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GAVRILOVIĆ v. SERBIA

Doc ref: 52434/12 • ECHR ID: 001-161985

Document date: March 8, 2016

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GAVRILOVIĆ v. SERBIA

Doc ref: 52434/12 • ECHR ID: 001-161985

Document date: March 8, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 52434/12 Svetlana GAVRILOVIĆ against Serbia

The European Court of Human Rights ( Third Section ), sitting on 8 March 2016 as a Committee composed of:

George Nicolaou , President, Branko Lubarda , Pere Pastor Vilanova , judges,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 31 July 2012 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Svetlana Gavrilović , is a Serbian national, who was born in 1942 and lives in Banja Koviljača . She was represented before the Court by Mr T. Radišić , a lawyer practising in Loznica .

The Serbian Government (“the Government”) were represented by their Agent, Ms V. Rodi ć .

The applicant complained under Article s 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention about the non-enforcement of final domestic decisions rendered in her favour against a socially-owned company .

The applicant ’ s complaints 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 her own observations together with any just satisfaction claim . No reply was received to the Registry ’ s letter.

By letter dated 24 June 2015 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of her observations had expired on 15 April 2015 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 7 July 2015 . 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 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.

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 31 March 2016 .

Marialena Tsirli George Nicolaou Registrar President

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