Galiotta and Rosafio v. Italy

FIRST SECTION

Applications nos. 30344/18 and 31326/18 Cosimo GALIOTTA against Italy and Nicola ROSAFIO against Italy

The European Court of Human Rights (First Section), sitting on 14 November 2019 as a Committee composed of:

Aleš Pejchal, President, Jovan Ilievski, Raffaele Sabato, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of the applicants is set out in the appendix.

The applicants were represented by Lilia Lucia Petrachi, a lawyer practising in Lecce.

The applicants’ complaints under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention, concerning the legislative interference pending judicial proceedings, were communicated to the Italian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their own observations. No reply was received to the Registry’s letter.

By letter dated 16 July 2019, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 8 March 2019 and that no extension of time had been requested. The applicants’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike an application out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. The applicants received this letter on 25 July 2019. However, no response has been received.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue the applications (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 cases.

Accordingly, the cases should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 5 December 2019.

Liv Tigerstedt Aleš Pejchal Acting Deputy Registrar President

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant

Date of Birth

Place of Residence

1

30344/18

Galiotta v. Italy

19/06/2018

Cosimo GALIOTTA

25/08/1945

Martano (LE)

2

31236/18

Rosafio v. Italy

27/06/2018

Nicola ROSAFIO

15/03/1944

Martano (LE)