FOURTH SECTION

DECISION

Application no. 36257/21 Andreea Camelia CHICOÅž against Romania

The European Court of Human Rights (Fourth Section), sitting on 31 August 2023 as a Committee composed of:

Faris Vehabović , President , Anja Seibert-Fohr, Anne Louise Bormann , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 July 2021,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Andreea Camelia Chicoş, was born in 1997. She was represented by Mr S. Spînu, a lawyer practising in Bucharest.

The applicant’s complaints under Article 8 of the Convention concerning the obligation imposed on her by decision of 20 January 2021 of the Bucharest Court of Appeal, to return her child to Italy where they used to live before moving to Romania and where the child’s father was still living (proceedings under the Hague Convention on the Civil Aspects of International Child Abduction and under the Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility) 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 her own observations. No reply was received to the Registry’s letter.

By letter dated 13 April 2023, sent via the Court’s Electronic Communication Service (eComms) and by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 22 March 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 representative downloaded the letter from eComms on 13 April 2023. The applicant received the letter by post on 28 April 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 21 September 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President