Wimětal v. the Czech Republic
Struck out of the list
Berörda konventionsartiklar
FIFTH SECTION
Application no. 49427/08 Karel WIMĚTAL against the Czech Republic and 4 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 11 December 2012 as a Committee composed of:
Angelika Nußberger, President, André Potocki, Aleš Pejchal, judges, and Stephen Phillips, Deputy Section Registrar,
Having regard to the applications in the list appended,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Karel Wimětal, is a Czech national, who was born in 1948 and lives in Brno. He was represented before the Court by Mr R. Zapletal, a lawyer practising in Brno.
The Czech Government (“the Government”) were represented by their Agent, Mr V. A. Schorm, of the Ministry of Justice.
The applicant complained under Article 1 of Protocol No. 1 and Article 14 of the Convention that he had been deprived of his property in a discriminatory way. Further, under Articles 6 and 13 of the Convention he complained that he had had no access to any remedy to protect his property rights.
On 17 February 2011, with regard to the first three applications, and on 27 September 2011, as for the last two applications, the Court decided to give notice to the Government of the applicant’s complaints detailed above.
On 29 July 2011 and 30 March 2012 respectively, the Government submitted to the Registry their observations on the admissibility and merits of the applications. These were forwarded on 4 August 2011 and 4 April 2012 respectively to the applicant, who was invited to submit observations in reply by 15 September 2011 and 16 May 2012. These were never submitted.
On 19 October 2012 the applicant’s representative informed the Court that the applicant wanted to withdraw the applications as friendly settlements of his cases had been reached at the domestic level.
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, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the applications.
Accordingly, the cases should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the applications out of its list of cases.
Stephen Phillips Angelika Nußberger Deputy Registrar President
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
49427/08
11/10/2008
Karel WIMĚTAL
16/01/1948
Brno
Radek ZAPLETAL
7623/09
28/01/2009
Karel WIMĚTAL
16/01/1948
Brno
Radek ZAPLETAL
55821/09
14/10/2009
Karel WIMĚTAL
16/01/1948
Brno
Radek ZAPLETAL
63546/10
22/10/2010
Karel WIMĚTAL
16/01/1948
Brno
Radek ZAPLETAL
10862/11
11/02/2011
Karel WIMĚTAL
16/01/1948
Brno
Radek ZAPLETAL