THIRD SECTION

DECISION

Application no . 40338/07 Dumitru GALUPA against the Republic of Moldova

The European Court of Human Rights ( Third Section ), sitting on 29 September 2015 as a Committee composed of:

Kristina Pardalos , President, Valeriu Griţco , Armen Harutyunyan , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 7 September 2007 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Dumitru Galupa , is a Moldovan national, who was born in 1973 and lives in Chişinău . He was represented before the Court by Mr V. Iordachi , a lawyer practising in Chişinău .

The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol .

The applicant complained under Article 6 § 1 of the Convention about the unfairness of civil proceedings.

The applicant ’ s complaint w as communicated to the Government . On 9 March 2015 the Government informed the Court that, on 18 February 2015, the Supreme Court of Justice upheld the Government Agent ’ s revision request, set aside its previous decision and ordered a re ‑ examination of the case. The Government asserted that the matter had been resolved and noted that the application could be struck out of the Court ’ s list of cases. The Government ’ s comments were forwarded to the applicant, who was invited to submit his own comments . No reply was received to the Registry ’ s letter.

By letter dated 11 May 2015 , sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of his comments had expired on 10 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 22 May 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 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 22 October 2015 .

Marialena Tsirli Kristina Pardalos Deputy Registrar President