FOURTH SECTION

DECISION

Application no. 12239/20

Thomas KOBLENZER against Germany

The European Court of Human Rights (Fourth Section), sitting on 14 September 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 26 February 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Thomas Koblenzer, was born in 1968. He was self ‑ represented.

The applicant’s complaint under Article 6 § 1 of the Convention concerning the national courts’ refusal to request the Court of Justice of the European Union to give a preliminary ruling was communicated to the German 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.

As the applicant had consulted the Court’s first letter on the Court’s Electronic Communication Service (eComms) platform but ceased to consult the following documents, the Registry tried to contact the applicant by mail and by phone indicated in the application form. No reply was received.

By letter dated 27 June 2023, sent by registered post, the applicant was notified that the period allowed for submission of his observations had expired on 15 May 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 letter was returned by Deutsche Post on 11 July 2023 because it had not been picked up by the applicant. The applicant, who is a lawyer, has not informed the Registry of any change of his address and count not further been contacted by any other means.

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 5 October 2023.

Viktoriya Maradudina Faris Vehabović Acting Deputy Registrar President