THIRD SECTION

DECISION

Application no . 35558/06 Ion Sebastian BĂDIȚĂ against Romania

The European Court of Human Rights ( Third Section ), sitting on 16 December 2014 as a Committee composed of:

Luis López Guerra, President , Johannes Silvis, Valeriu Griţco , judges ,

and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 22 August 2006 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Mr Ion Sebastian Bădiță , is a Romanian national, who was born in 1977 and lives in Râmnicu-Vâ l cea .

2. The Romanian Government (“the Government”) were represented by their Agent, Mrs C. Brumar , from the Ministry of Foreign Affairs.

3 . The applicant complained under Article 10 of the Convention that his right of expression had been infringed on account of the fact that by a decision delivered on 8 March 2006 the Cluj County Court had ordered him to pay compensation for non-pecuniary damage and reimburse the costs incurred by the plaintiff in defamation proceedings instituted against him.

4 . On 4 March 2014 the Court decided to give notice to the Government of the applicant ’ s complaint detailed above.

5 . On 25 June 2014 the Government submitted to the Registry their observations on the admissibility and merits of the application.

6. On 2 September 2014 the applicant informed the Court that he wanted to withdraw the application since on 26 June 2009 the Cluj Napoca District Court ha d allowed an extraordinary appeal (“ revizuire ”) lodged by him and had set aside the decision of 8 March 2006.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the 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.

Marialena Tsirli Luis López Guerra Deputy Registrar President