KUZMANOVSKA v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA"
Doc ref: 29528/07 • ECHR ID: 001-115762
Document date: December 18, 2012
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FIRST SECTION
DECISION
Application no . 29528/07 Daniela KUZMANOVSKA against the former Yugoslav Republic of Macedonia
The European Court of Human Rights (First Section), sitting on 18 December 2012 as a Committee composed of:
Elisabeth Steiner, President , Mirjana Lazarova Trajkovska , Linos-Alexandre Sicilianos , judges ,
and André Wampach , Deputy Section Registrar ,
Having regard to the above application lodged on 16 June 2007,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Daniela Kuzmanovska , is a Macedonian national, who was born in 1979 and lives in Ohrid . She was represented before the Court by Mr G. Risteski , a lawyer practising in Skopje .
The Macedonian Government (“the Government”) were represented by their Agent, Mr K. Bogdanov .
The case concerns civil proceedings in which the applicant unsuccessfully challenged her dismissal. She complained under Article 6 of the Convention that she had been denied the opportunity to have knowledge of and comment on evidence submitted by the opposing party on which the domestic courts had based their decisions. She further complained about the outcome of the proceedings.
The applicant ’ s complaint about the alleged failure of the domestic courts to forward the decisive evidence to her was communicated to the Government, which submitted their observations. By letter dated 20 April 2012 the Government ’ s observations were sent to the applicant ’ s representative, who was requested to submit any observations together with any claims for just satisfaction in reply by 2 June 2012. T he applicant failed to reply.
By letter dated 10 August 2012, sent by registered post, the applicant ’ s representative was notified that the period allowed for submission of the applicant ’ s observations had expired 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 6 September 2012. However, no response has been received to date.
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.
André Wampach Elisabeth Steiner Deputy Registrar President
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