LLC KERAMOS proti Gruzii

FOURTH SECTION

DECISION

Application no. 41504/06
LLC KERAMOS
against Georgia

The European Court of Human Rights (Fourth Section), sitting on 15 September 2015 as a Committee composed of:

Ledi Bianku, President,
Nona Tsotsoria,
Paul Mahoney, judges,
and Fatoş Aracı, Section Registrar,

Having regard to the above application lodged on 22 August 2006,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, LLC Keramos, is a limited liability company registered in Georgia. It was represented before the Court by Mr P. Gomelauri and Mr N. Danelia, lawyers practising in Tbilisi. The Georgian Government (“the Government”) were represented by their Agent, Mr L. Meskhoradze, of the Ministry of Justice.

2. On 11 September 2013 the applicant’s complaint under Article 6 § 1 of the Convention concerning the alleged unfairness of the civil proceedings was communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant’s representatives, who were invited to submit their own observations. The relevant letter was served on Mr Gomelauri on 5 February 2014, however, no reply followed.

3. By letter dated 13 May 2014, sent by registered post, the applicant’s representatives were notified that the period allowed for submission of their observations had expired on 11 March 2014 and that no extension of time had been requested. The applicant’s representatives’ attention was drawn to Article 37 § 1 (a) of the Convention, which provides that the Court may strike a case out of its list of cases where the circumstances lead to the conclusion that the applicant does not intend to pursue the application. That letter was returned to the Court as undelivered.

4. Subsequently, two letters containing a warning about a possible strike-out were sent to the applicant’s representative, with the last one dated 17 June 2015. It was served at the address of the applicant’s representatives on 23 June 2015. However, no response has been received.

THE LAW

5. The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue its application, within the meaning of 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 case.

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

For these reasons, the Court, unanimously,

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

Done in English and notified in writing on 8 October 2015.

Fatoş Aracı Ledi Bianku
Deputy Registrar President