Alexander Simeonov PETROV v Bulgaria - 40230/03 [2009] ECHR 504 (03 March 2009)
The applicant failed to respond to the Court's correspondence regarding a friendly settlement and did not indicate an intention to pursue the application; therefore, the case was struck out under Article 37 § 1 (a) of the Convention.
Source-derived case information.
- Citation
- [2009] ECHR 504
- Parties
- Applicant: Alexander Simeonov Petrov; Respondent: Bulgarian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to the European Court of Human Rights / Decision on Striking Out Application
- Outcome
- application struck out
- Legal Topics
- Right to a Fair Trial, Length of Proceedings, Restitution of Property
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Simeonov Petrov
Applicant
Bulgarian Government
Respondent
Procedural Posture
Application to the European Court of Human Rights / Decision on Striking Out Application
Legal Issues
- 1 Whether the length of civil proceedings concerning restitution of expropriated real estate violated Article 6 § 1 of the Convention
- 2 Whether the applicant intended to pursue the application
Ratio Decidendi
The applicant failed to respond to the Court's correspondence regarding a friendly settlement and did not indicate an intention to pursue the application; therefore, the case was struck out under Article 37 § 1 (a) of the Convention.
Court Disposition
application struck out
Orders
- The application is struck out of the list of cases.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Alexander Simeonov PETROV v Bulgaria - 40230/03 [2009] ECHR 504 (03 March 2009) URL: https://www.bailii.org/eu/cases/ECHR/2009/504.html Cite as: [2009] ECHR 504 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 40230/03 by Alexander Simeonov PETROV against Bulgaria The European Court of Human Rights (Fifth Section), sitting on 3 March 2009 as a Chamber composed of: Peer Lorenzen, President, Rait Maruste, Karel Jungwiert, Renate Jaeger, Mark Villiger, Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva, judges, and Stephen Phillips, Deputy Section Registrar , Having regard to the above application lodged on 9 December 2003, Having regard to the partial decision of 4 January 2008, Having regard to the correspondence with the parties, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Alexander Simeonov Petrov, is a Bulgarian national who was born in 1934 and lives in Sofia. The Bulgarian Government (“the Government”) are represented by their Agent, Ms M. Dimova, of the Ministry of Justice. The applicant complained under Article 6 § 1 of the Convention that a set of civil proceedings concerning the restitution of real estate expropriated from his parents had lasted an unreasonable length of time. By letter dated 16 January 2008, the applicant was invited to notify the Court as to whether he accepted the proposal of a friendly settlement of the case. By letter dated 17 March 2008, sent by registered post, the applicant was notified that the period allowed for submission of his comments had expired. The applicant's 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. The applicant received this letter on 26 March 2008. However, no response has been received. THE LAW The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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. Stephen Phillips Peer Lorenzen Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2009/504.html