FIRST SECTION

DECISION

Application no. 16314/07 Amedeo FURNO and Carlo FURNO against Italy

(see appended table)

The European Court of Human Rights (First Section), sitting on 19 January 2023 as a Committee composed of:

Alena Poláčková , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 5 April 2007,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants were represented by Mr S. De Nigris De Maria, a lawyer practising in Benevento.

The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning the dispossession of their property by means of constructive expropriation were communicated to the Italian Government (“the Government”).

By a letter dated 31 August 2022, sent by registered post, the applicants were notified that no reply had been received to the Registry’s letter of 12 July 2022, in which they had been invited to submit certain factual information. A new deadline for submitting a response was set, expiring on 28 September 2022. The applicants’ attention was drawn to the fact 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 applicants’ representative received this letter on 9 September 2022. 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 9 February 2023.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President

APPENDIX

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1.Amedeo FURNO

1930Italian

Benevento

2.Carlo FURNO

1932Italian

Cagliari