Minth v. Romania

THIRD SECTION

Application no. 37711/06 by Thomas MINTH and Rosina MINTH against Romania

The European Court of Human Rights (Third Section), sitting on 23 November 2010 as a Committee composed of:

Elisabet Fura, President, Boštjan M. Zupančič, Ineta Ziemele, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 13 September 2006,

Having deliberated, decides as follows:

THE FACTS

The application was lodged by Mr. Thomas Minth and Ms Rosina Minth, German nationals who were born in 1941 and 1940 respectively and live in Leonberg, Germany. The Romanian Government (“the Government”) were represented by their Agent, Mr. Răzvan ‑ Horaţiu Radu, from the Ministry of Foreign Affairs.

The applicants complained under Article 1 of Protocol 1 to the Convention about the impossibility to obtain compensation for nationalized property and under Article 6 § 1 of the Convention about the fairness of the proceedings.

On 4 December 2009 the Court decided to give notice to the Government of the applicants’ complaint under Article 1 of Protocol 1 to the Convention.

On 1 September 2010 the applicants informed the Court that they wish to withdraw the application. They did not provide information as to the reasons for their wish to withdraw the application.

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 or its Protocols, the Court considers that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (a) of the Convention.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

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

Marialena Tsirli Elisabet Fura Deputy Registrar President