Podhajecký v. Slovakia

THIRD SECTION

Application no. 25337/10 Štefan PODHAJECKÝ against Slovakia

The European Court of Human Rights (Third Section), sitting on 17 September 2013 as a Committee composed of:

Luis López Guerra, President, Ján Šikuta, Nona Tsotsoria, judges, and Marialena Tsirli, Deputy Section Registrar,

Having regard to the above application lodged on 13 April 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Štefan Podhajecký, is a Slovak national, who was born in 1970 and lives in Čierna nad Tisou. He was represented before the Court by Ms M. Podhajecká, his guardian.

The Slovak Government (“the Government”) were represented by their Agent, Ms M. Pirošíková.

The applicant complained under Article 6 § 1 of the Convention about a breach of his right to a fair hearing by a tribunal in proceedings concerning the reimbursement of a loan.

The applicant’s complaint was 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 letter dated 7 June 2013, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 24 May 2013 and that no extension of time had been requested. The applicant’s representative’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 applicant’s representative received this letter on 15 June 2013. However, 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 Luis López Guerra Deputy Registrar President