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PLATON AND OTHERS v. THE REPUBLIC OF MOLDOVA

Doc ref: 36743/05;36570/06;13322/07 • ECHR ID: 001-147437

Document date: September 23, 2014

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PLATON AND OTHERS v. THE REPUBLIC OF MOLDOVA

Doc ref: 36743/05;36570/06;13322/07 • ECHR ID: 001-147437

Document date: September 23, 2014

Cited paragraphs only

22THIRD SECTION

DECISION

Application no . 36743/05 Constantin PLATON against the Republic of Moldova and 2 other applications (see list appended)

The European Court of Human Rights ( Third Section ), sitting on 23 September 2014 as a Committee composed of:

Dragoljub Popović , President, Luis López Guerra , Valeriu Griţco , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above applications lodged between 29 September 2005 and 15 January 2007 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

The Moldovan Government (“the Government”) were represented by their Agents, Mr V. Grosu and Mr L. Apostol .

The applicants obtained final court judgments in their favour , obliging local public authorities either to pay compensation for unlawfully confiscated property or to provide them with social housing .

Before the Court the applicants complained about the non-enforcement of those judgments. They relied on Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Conve ntion.

The cases were communicated to the Government between 6 November 2007 and 10 November 2009, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry ’ s letter.

By letters dated between 26 August 2011 and 26 April 2014 , sent by registered post, the applicants and their representatives were notified that the period allowed for submission of their observations had expired on 26 February 2008, 21 March 2011 and 6 June 2011, respectively, and that no extension of time had been requested. The applicants ’ and their representatives ’ 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 applicants and their representatives in applications nos. 36743/05 and 36570/06 received those letters. N o response has been received from the applicants.

In application no. 13322/07, the letter of 24 April 2014 sent by registered mail returned to the Court with the note that the applicant “had not claimed it”. The Court notes that the applicant neither informed the Court of any change of his postal address nor did he indicate any provisional address at which communication with him could be effected. In this connection, it recalls that, pursuant to Rule 47 § 7 of the Rules of Court, “applicants shall keep the Court informed of any change of address and of all circumstances relevant to the application”.

THE LAW

The Court finds that, given their common factual and legal background, it is appropriate to join the present applications .

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their applications, 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 cases.

In view of the above, it is appropriate to strike the case s out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications ,

Decides to strike the applications out of its list of cases.

Marialena Tsirli Dragoljub Popović              Deputy Registrar President

APPENDIX

No .

Application no. and date of lodging

Applicant ’ s details

Final judgment

Case details

36743/05, 29/09/2005

Constantin PLATON,

born on 02/05/1941, living in Chi ș inău

Chișinău Court of Appeal , 13/07/2004

Social housing case ( judge )

36570/06,

24/08/2006

Profir VRABIE,

born on 13/02/1927

living in EdineÈ› ,

represented by Victor MARCU

EdineÈ› District Court, 09/06/2006

Compensation of the pecuniary damage for unlawfully confiscated property located in EdineÈ›

13322/07,

15/01/2007

Ilie NACU,

born on 05/03/1964

living in Chi ș inău

Supreme Court of Justice, 11/10/2006

Social housing case (internally displaced person)

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