Jakimcikas v. Lithuania

SECOND SECTION

Application no. 15518/08 Vytautas JAKIMČIKAS against Lithuania

The European Court of Human Rights (Second Section), sitting on 13 December 2011 as a Committee composed of:

Dragoljub Popović, President, Danutė Jočienė, Paulo Pinto de Albuquerque, judges, and Françoise Elens-Passos, Deputy Section Registrar,

Having regard to the above application lodged on 29 March 2007,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Vytautas Jakimčikas, was a Lithuanian national who was born in 1950 and lived in Paežeriai. His application was lodged on 29 March 2007. The Lithuanian Government (“the Government”) were represented by their Agent, Ms E. Baltutytė.

The applicant complained under Article 8 of the Convention about the environmental pollution.

On 12 September 2011 the Court decided to give notice to the Government of the applicant’s above complaint.

By letter of 7 November 2011 the applicant’s wife informed the Registry that the applicant had died on 4 August 2011 and that his application to the Court would not be pursued.

THE LAW

In the light of the foregoing, the Court concludes that the applicant’s heir does not wish to pursue the application within the meaning of Article 37 § 1 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.

Françoise Elens-Passos Dragoljub Popović Deputy Registrar President