THIRD SECTION

DECISION

Application no . 78841/11 Eugen-Florin DINCÄ‚ against Romania

The European Court of Human Rights ( Third Section ), sitting on 28 January 2014 as a committee composed of:

Ján Šikuta , President, Luis López Guerra , Nona Tsotsoria , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 4 November 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Eugen-Florin Dinc ă , is a Romanian national, who was born in 1963 and lives in Bucharest. He was represented before the Court by Ms I. Ni ţ ulescu , a lawyer practising in Bucharest .

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

The applicant complained under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 to the Convention about the unfairness of the proceedings concerning the reimbursement of taxes that he should not have paid.

On 15 November 2012 the Court decided to give notice to the Government of the applicant ’ s complaint s detailed above.

On 29 March 2013 the Government submitted to the Registry their observations on the admissibility and merits of the application. These were forwarded to the applicant, who was invited to submit observations in reply .

On 4 November 2013 the applicant ’ s representative informed the Court that the applicant wanted to withdraw his application since the matter had been finally resolved by the domestic authorities. Hence, on 10 May 2012 the Bucharest Court of Appeal allowed the applicant ’ s extraordinary appeal and ordered the reimbursement of the taxes under dispute. This judgment was enforced by the tax authorities on 5 February 2013.

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 Ján Šikuta Deputy Registrar President