Apostolachi v. the Republic of Moldova
Struck out of the list
Berörda konventionsartiklar
THIRD SECTION
Application no. 32481/09 Iurie APOSTOLACHI against the Republic of Moldova
The European Court of Human Rights (Third Section), sitting on 17 September 2013 as a Committee composed of:
Luis López Guerra, President, Nona Tsotsoria, Valeriu Griţco, judges, and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 4 June 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Iurie Apostolachi, is a Moldovan national, who was born in 1960 and lives in Bender. He was represented before the Court by Mr F. Nagacevschi, a lawyer practising in Chisinau.
The Moldovan Government (“the Government”) were represented by their Agent, Mr L. Apostol.
The applicant complained under Article 6 of the Convention about the unfairness of civil proceedings in view of the fact that they took place in his absence.
On 31 May 2012 the Court decided to give notice to the Government of the applicant’s application.
On 20 May 2013 the Government informed the Court that after the communication of the case, the proceedings have been re-opened and that, on 27 February 2013, the Supreme Court of Justice inter alia acknowledged a breach of Article 6 of the Convention in the applicant’s case and awarded him compensation of 1,000 euros.
On 4 July 2013 the applicant’s representative informed the Court that in view of the above developments the applicant wanted to withdraw the application.
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 application.
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.
Marialena Tsirli Luis López Guerra Deputy Registrar President