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Datum rozhodnutí
24.11.2022
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3
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FIRST SECTION

DECISION

Application no. 79952/13
Cesario UGOLETTI against Italy
and 2 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 24 November 2022 as a Committee composed of:

Krzysztof Wojtyczek, President,
Ivana Jelić,
Erik Wennerström, judges,

and Viktoriya Maradudina, 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 A. Troso, a lawyer practising in Lecce.

The applicants’ complaints under Article 6 § 1 of the Convention concerning legislative interference with pending proceedings were communicated to the Italian Government (“the Government”).

On 31 January 2022 the Registry invited the applicants to submit observations. No reply was received to the Registry’s letter.

Additionally, with regard to application no. 79952/13, on 4 February 2022 the Registry forwarded the Government’s unilateral declaration to the applicant, who was invited to submit comments. The applicant did not reply.

By letter dated 8 March 2022, sent via the Court’s Electronic Communication Service (“eComms”), the applicants were notified that the periods allowed for submission of their observations and of comments to the unilateral declaration had expired, respectively, on 21 February and 4 March 2021, 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’ representative downloaded the letter on the eComms platform. However, no response has followed.

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.

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, 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 case 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 15 December 2022.

Viktoriya Maradudina Krzysztof Wojtyczek
Acting Deputy Registrar President



APPENDIX

No.

Application no.

Case name

Lodged on

Applicant
Year of Birth
Place of Residence
Nationality

1.

79952/13

Ugoletti v. Italy

02/12/2013

Cesario UGOLETTI
1935
Martano
Italian

2.

40341/14

Masone v. Italy

17/04/2014

Giuseppe MASONE
1943
Tuglie
Italian

3.

13115/18

Marsella v. Italy

12/03/2018

Franco Crocifisso MARSELLA
1946
Martano
Italian