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A.K. AND B.N. v. THE NETHERLANDS

Doc ref: 72606/13 • ECHR ID: 001-142371

Document date: March 11, 2014

  • Inbound citations: 1
  • Cited paragraphs: 0
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A.K. AND B.N. v. THE NETHERLANDS

Doc ref: 72606/13 • ECHR ID: 001-142371

Document date: March 11, 2014

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 72606/13 A.K. and B.N . against the Netherlands

The European Court of Human Rights ( Third Section ), sitting on 11 March 2014 as a Committee composed of:

Alvina Gyulumyan, President, Kristina Pardalos , Johannes Silvis, judges , and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 21 November 2013 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicants, Mr A.K. and Ms B.N., are Iranian nationals, who were born in 1970 and 1974, respectively. At the time of the introduction of the application they were staying in Rotterdam. The President granted the applicants ’ request for their identity not to be disclosed to the public (Rul e 47 § 3). They were represented before the Court by Mr J.C. van Zundert , a lawyer practising in Delft.

2 . The Dutch Government (“the Government”) were represented by their Deputy Agent, Ms L. Egmond , of the Ministry of Foreign Affairs.

3 . The applicants complained under Article 8 of the Convention that their transfer from the Netherlands to Italy pursuant to the terms of Council Regulation (EC) no. 343/2003 of 18 February 2003 (“the Dublin Regulation”) without th eir adolescent daughter, who had gone missing in the Netherlands shortly before the scheduled transfer date, would be in violation of their right to respect for family life.

4 . On 25 November 2013 the Court decided to give notice to the Government of the applicants ’ complaint detailed above.

5 . On 20 December 2013, the Government informed the Court that the applicants ’ daughter had been reunited with the applicants in Italy. The Government requested the Court to strike the application out of the list of cases, as re ferred to in Article 37 § 1 of the Convention .

6. On 3 February 2014, the applicants ’ representative informed the Court that the applicants agreed that the matter had been resolved and wanted to withdraw the application .

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 Alvina Gyulumyan Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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