Albina and Gavaliugov v. Romania

FOURTH SECTION

Applications nos. 32666/05 and 50292/15 Mircea Alexandru ALBINA against Romania and

Corneliu-Dorin GAVALIUGOV against Romania

The European Court of Human Rights (Fourth Section), sitting on 29 September 2020 as a Committee composed of:

Stéphanie Mourou-Vikström, President, Georges Ravarani, Jolien Schukking, 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, and the representative in application no. 50292/15, is set out in the appendix.

The applicant’s complaint in application no. 32666/05 under Article 1 of Protocol no. 1 to the Convention was communicated to the Romanian Government (“the Government”). The applicant’s complaints in application no. 50292/15 under Article 6 § 1 of the Convention concerning access to a court was also communicated to the Government. In both cases, the Government submitted observations on the admissibility and merits.

By letters sent by registered post, the applicants were notified that the time allowed for the submission of their observations or of certain requested information had expired (see the appended table for the relevant dates). The applicants’ attention was further 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.

No reply to these letters has been received by the Court (see details in the appended table) and there are no previous letters from the applicants informing the Court about a change of address.

THE LAW

Having regard to the similar procedural conduct of the applicants, the Court finds it appropriate to examine the applications jointly in a single decision.

In the light of the foregoing, the Court concludes that 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 the Protocols thereto which require the continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

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

Done in English and notified in writing on 22 October 2020.

Liv Tigerstedt Stéphanie Mourou-Vikström Acting Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of the

Court’s

registered letter

Date of receipt of the

registered letter

Time-limit for submission

by the applicant of the

information requested

32666/05

19/08/2005

Mircea Alexandru ALBINA

30/03/1935

-

24/07/2020

10/08/2020

Initial time-limit 07/07/2020, no new

time-limit given in the registered letter

50292/15

30/09/2015

Corneliu-Dorin GAVALIUGOV

23/05/1951

Cătălin Lupu

Ramnicu Valcea

06/07/2020

07/07/2020

Initial time-limit 21/05/2020, no new

time-limit given in the registered letter