FOURTH SECTION

DECISION

Application no . 43457/07 Dencho Metodiev PETROV and Metodi Denchev PETROV against Bulgaria

The European Court of Human Rights (Fourth Section), sitting on 11 September 2012 as a Committee composed of:

George Nicolaou , President, Ledi Bianku , Vincent A. D e Gaetano , judges, and Fatoş Aracı , Deputy Section Regi trar ,

Having regard to the above application lodged on 15 September 2007,

Having deliberated, decides as follows:

THE FACTS

The applicants, Mr Dencho Metodiev Petrov and Mr Metodi Denchev Petrov , were Bulgarian nationals, who were born in 1954 and 1987 respectively and lived in Sofia . The Bulgarian Government (“the Government”) were represented by their Agent, Ms M. Kotzeva , of the Ministry of Justice.

On 19 December 2011 notice of the applicants ’ complaint under Article 6 § 1 about the length of civil proceedings was given to the Government and the parties were invited to secure a friendly settlement. The applicants did not reply to the Registry ’ s letter.

By letter dated 21 February 2012, sent by registered post, the first applicant was notified that the period allowed for submission of his position regarding the friendly-settlement proposal expired on 9 February 2012 and that no extension of the time-limit 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 letter, which had been received in Sofia on 1 March 2012, was returned to the Court, unopened, on 6 March 2012 with the mention that the applicant had passed away.

By letter dated 11 April 2012, sent by registered post, the second applicant was notified that the period allowed for submission of his position regarding the friendly-settlement proposal expired on 9 February 2012 and that no extension of the time-limit 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 letter, which had been received in Sofia on 18 April 2012, was returned to the Court, unopened, on 23 April 2012 with the mention that the applicant had passed a way.

THE LAW

The Court considers that, in these circumstances in accordance with Article 37 § 1 (c) of the Convention it is no longer justified to continue the examination of the application. 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.

Fatoş Aracı George Nicolaou Deputy Registrar President