FOURTH SECTION

DECISION

Application no. 7515/16 Daniel-Nicolae NIÈšULESCU against Romania

The European Court of Human Rights (Fourth Section), sitting on 3 February 2022 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 28 January 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Daniel-Nicolae Nițulescu, was born in 1973. His complaint under Article 8 of the Convention concerning the alleged breach of his rights to private and family life because he was unable to find out whether he was his son’s biological father as his wife and child had refused to undergo a DNA test ordered by the domestic courts was communicated to the Romanian Government (“the Government”), who submitted 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 1 April 2021, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 22 January 2021 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 an application 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 that letter on 12 April 2021. However, no response has followed.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 24 February 2022.

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President