Eastenders Cash and Carry Plc and Others v. the United Kingdom

FOURTH SECTION

Application no. 16788/13 EASTENDERS CASH AND CARRY PLC and Others against the United Kingdom

The European Court of Human Rights (Fourth Section), sitting on 12 May 2015 as a Committee composed of:

Päivi Hirvelä, President, Nona Tsotsoria, Krzysztof Wojtyczek, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 28 February 2013,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 The applicants, Eastenders Cash and Carry Plc, Eastenders (Coventry) Ltd and Eastenders (Birmingham) Ltd are companies registered in the United Kingdom. They are represented before the Court by Rainer Hughes, a firm of solicitors based in Shenfield.

2 The United Kingdom Government (“the Government”) were represented by their Agent, Ms A. McLeod, of the Foreign and Commonwealth Office.

3 The applicants complained under Article 6 of the Convention that section 144(2) of the Customs and Excise Management Act 1979 denied them equal and proper access to court and equality of arms in the judicial review proceedings.

4 On 11 March 2015 the applicants informed the Court that they wished to withdraw the application since the issues raised before this Court had become academic.

THE LAW

5 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, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

6 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 4 June 2015.

Fatoş Aracı Päivi Hirvelä Deputy Registrar President