CICCARELLI A CAMAR S.R.L. proti Itálii

FIRST SECTION

DECISION

Application no. 5257/13
Marco CICCARELLI and CAMAR S.R.L.
against Italy

The European Court of Human Rights (First Section), sitting on 7 November 2024 as a Committee composed of:

Georgios A. Serghides, President,
Erik Wennerström,
Alain Chablais, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 11 November 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mr Marco Ciccarelli, who was born in 1943, and Camar S.r.l., a legal entity registered in 1967, were represented by Mr M. Farina, a lawyer practising in Rome.

The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention and Article 13 of the Convention concerning the proportionality of a seizure and the alleged absence of an effective domestic remedy in that regard were communicated to the Italian Government (“the Government”), who submitted observations on the admissibility and merits.

On 28 February 2024 the Court requested the Government to submit additional observations on the admissibility and merits of the case. 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 26 June 2024, sent via the Court’s Electronic Communication Service (eComms), the applicants were notified that the period allowed for submission of their observations had expired on 11 April 2024 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 the letter of 26 June 2024 on the same day. However, no response has followed.

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 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 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.

Done in English and notified in writing on 28 November 2024.

Viktoriya Maradudina Georgios A. Serghides
Acting Deputy Registrar President