MATEI v. ROMANIA
Doc ref: 48001/10 • ECHR ID: 001-114289
Document date: October 2, 2012
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THIRD SECTION
DECISION
Application no . 48001/10 Marian MATEI against Romania
The European Court of Human Rights (Third Section), sitting on 2 October 2012 as a Committee composed of:
Alvina Gyulumyan , President, Ján Šikuta , Kristina Pardalos , judges, and Santiago Quesada , Section Registrar ,
Having regard to the above application lodged on 11 August 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Marian Matei , is a Romanian national, who was born in 1977 and lives in Şendreni . The Romanian Government (“the Government”) were represented by their Agent, Ms I. Cambrea , from the Ministry of Foreign Affairs.
Relying on Article 6 of the Convention, the applicant complained that the domestic courts failed to consider the appeal points raised by him and to provide reasons for the dismissal of his appeal. In addition, he argued that the length of the civil set of proceedings he was a party to was excessively lengthy.
The applicant ’ s complaints concerning the failure of the domestic courts to consider the appeal points raised by him and to provide reasons for the dismissal of his appeal 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 his own observations.
By letter dated 25 July 2012, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 5 July 2012 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 9 August 2012. 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.
Santiago Quesada Alvina Gyulumyan Registrar President
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