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DIACONU v. ROMANIA

Doc ref: 54416/08 • ECHR ID: 001-127820

Document date: October 1, 2013

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DIACONU v. ROMANIA

Doc ref: 54416/08 • ECHR ID: 001-127820

Document date: October 1, 2013

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 54416/08 Liliana DIACONU against Romania

The European Court of Human Rights (Third Section), sitting on 1 October 2013 as a Committee composed of:

Luis López Guerra , President, Nona Tsotsoria , Valeriu Griţco , judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 4 November 2008,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Liliana Diaconu , is a Romanian national, who was born in 1954 and lives in Bucharest. She was represented before the Court by Ms C. Feticu , a lawyer practising in Constanța .

The Romanian Government (“the Government”) were represe nted by their Agent, Ms 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 non-enforcement of a final decision by which a state owned company was obliged to pay her the amount of 2,800 US dollars as due salary rights.

The applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry ’ s letter.

By letter dated 16 April 2013, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of her observations had expired on 17 January 2013 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 25 April 2013. 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 her 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.

Marialena Tsirli Luis López Guerra Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2025

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