Bekir MUSTAFOVSKI v the former Yugoslav Republic of Macedonia - 50111/07 [2010] ECHR 2174 (14 December 2010)
The applicant failed to respond to the Court's communications and did not indicate a wish to pursue the application; thus, the case was struck out under Article 37 § 1 (a) of the Convention.
Source-derived case information.
- Citation
- [2010] ECHR 2174
- Parties
- Applicant: Bekir Mustafovski; Respondent: the former Yugoslav Republic of Macedonia
- 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, Striking Out Applications
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bekir Mustafovski
Applicant
the former Yugoslav Republic of Macedonia
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 violated Article 6 § 1 of the Convention
- 2 Whether the application should be struck out due to applicant's lack of interest
Ratio Decidendi
The applicant failed to respond to the Court's communications and did not indicate a wish to pursue the application; thus, 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 >> Bekir MUSTAFOVSKI v the former Yugoslav Republic of Macedonia - 50111/07 [2010] ECHR 2174 (14 December 2010) URL: https://www.bailii.org/eu/cases/ECHR/2010/2174.html Cite as: [2010] ECHR 2174 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 50111/07 by Bekir MUSTAFOVSKI against the former Yugoslav Republic of Macedonia The European Court of Human Rights (Fifth Section), sitting on 14 December 2010 as a Committee composed of: Rait Maruste, President , Mirjana Lazarova Trajkovska, Zdravka Kalaydjieva, and Stephen Phillips , D eputy Section Registrar , Having regard to the above application lodged on 3 November 2007, Having deliberated, decides as follows: THE FACTS The application was lodged by Mr Bekir Mustafovski, a Macedonian national who was born in 1957 and lives in Resen. The Macedonian Government (“the Government”) were represented by their Agent, Mrs R. Lazareska Gerovska. The case concerned the length of civil proceedings in which the applicant claimed payment of a debt. The proceedings began on 13 April 1998 and ended on 4 May 2007 (date of service). On 1 December 2008 the Court decided to communicate the applicant’s complaint about the length of the impugned proceedings under Article 6 § 1 of the Convention. On 12 March 2009 the Court received a friendly settlement declaration signed by the Government. On 15 April 2009 the applicant was invited to submit his position concerning the friendly settlement of the case before 30 April 2009. However, the Court notes that the applicant has failed to do so. Moreover, he failed to respond to two registered letters dated 9 September 2009 and 22 April 2010 respectively, the latter including a warning of the possibility that his case might be struck out of the Court’s list. 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 Rait Maruste Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2010/2174.html