THIRD SECTION

DECISION

Application no . 42337/07 Zsolt CZARAN against Romania

The European Court of Human Rights (Third Section), sitting on 17 September 2013 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 7 September 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Zsolt Czaran, is a Romanian national, who was born in 1935 and lives in Budapest He was rep resented before the Court by Ms N. Vucoiev, a lawyer practic ing in Arad.

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

Relying on Article 6 of the Convention, the applicant complained that he did not have a fair hearing before the domestic courts inasmuch as the said courts dismissed his action seeking the recovery of the trial expenses incurred by him by relying on the incorrect finding that he did not pay the legal fees and other expenses demanded by his legal representative for each level of the trial ’ s jurisdiction. In addition, althought the action seeking the recovery of the trial expenses incurred by him was exempted from judicial tax, the domestic courts failed to order the return of the said tax paid by him even if it could have allegedly done so ex-officio .

The part of the applicant ’ s complaint under Article 6 of the Convention concerning the dismissal by the domestic courts of the applicant ’ s action seeking the recovery of the trial expenses incurred by him by relying on the incorrect finding that he did not pay the legal fees and other expenses demanded by his legal representative for each level of the trial ’ s jurisdiction was 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 his own observations. No reply was received to the Registry ’ s letter.

By letter dated 26 April 2013, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 16 April 2013 and that no extension of time had been requested. The applicant ’ 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 received this letter on 10 May 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 his 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 Alvina Gyulumyan Deputy Registrar President