SECOND SECTION

DECISION

Application no. 39998/20 Petar TOMAS

against Croatia

The European Court of Human Rights (Second Section), sitting on 4 May 2023 as a Committee composed of:

Frédéric Krenc , President , Diana Sârcu, Davor Derenčinović , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 24 August 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Petar Tomas, was born in 1954. He was represented by Mr V. Burić, a lawyer practising in Osijek.

The applicant’s complaint under Article 1 of Protocol No. 1 to the Convention concerning his right to the peaceful enjoyment of possessions was communicated to the Croatian 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 letters dated 27 January 2023, sent to the applicant’s representative through the Court’s Electronic Communications Service (eComms) and by registered post, the applicant was notified that the period allowed for the submission of his observations had expired on 23 January 2023 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’s lawyer received the letter sent by registered post on 24 February 2023. 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 25 May 2023.

Viktoriya Maradudina Frédéric Krenc Acting Deputy Registrar President