Rotariu v. Romania

THIRD SECTION

Application no. 30474/04 Viorel ROTARIU against Romania

The European Court of Human Rights (Third Section), sitting on 20 September 2011 as a Committee composed of:

Ján Šikuta, President, Ineta Ziemele, Kristina Pardalos, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 10 August 2004,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Viorel Rotariu, is a Romanian national who was born in 1939 and lives in Plavalari. The Romanian Government (“the Government”) were represented by Ms Irina Cambrea, Co-Agent, from the Ministry of Foreign Affairs.

The applicant’s complaints concerning the length of civil proceedings under Article 6 § 1 of the Convention were communicated to the Government, who submitted their 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 8 February and 1 March 2011, sent by registered post, the applicant was notified that the period allowed for submission of the his observations had expired on 10 January 2011 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 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 letters remained unclaimed and no response has been received.

THE LAW

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine , the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case.

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 Ján Šikuta Deputy Registrar President