Danute VASILIAUSKIENE v Lithuania - 36065/06 [2009] ECHR 391 (03 February 2009)
Applicant failed to respond to correspondence and did not pursue the application; no special circumstances require continued examination; case struck out.
Source-derived case information.
- Citation
- [2009] ECHR 391
- Parties
- Applicant: Danute Vasiliauskiene; Respondent: Lithuanian Government
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Decision on Striking Out Application
- Outcome
- application struck out
- Legal Topics
- Right to Respect for Private and Family Life, Striking Out Applications
Source-derived case record
Summary, issues, holding and outcome
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Parties
Danute Vasiliauskiene
Applicant
Lithuanian Government
Respondent
Procedural Posture
Application to European Court of Human Rights / Decision on Striking Out Application
Legal Issues
- 1 whether the applicant's rights under Article 8 of the Convention were violated
- 2 whether the applicant intended to pursue the application
Ratio Decidendi
Applicant failed to respond to correspondence and did not pursue the application; no special circumstances require continued examination; case struck out.
Court Disposition
application struck out
Orders
- application 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 >> Danute VASILIAUSKIENE v Lithuania - 36065/06 [2009] ECHR 391 (03 February 2009) URL: https://www.bailii.org/eu/cases/ECHR/2009/391.html Cite as: [2009] ECHR 391 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] SECOND SECTION DECISION Application no. 36065/06 by Danutė VASILIAUSKIENĖ against Lithuania The European Court of Human Rights (Second Section), sitting on 3 February 2009 as a Chamber composed of: Françoise Tulkens, President, Ireneu Cabral Barreto, Vladimiro Zagrebelsky, Danutė Jočienė, Dragoljub Popović, Nona Tsotsoria, Işıl Karakaş, judges, and Sally Dollé, Section Registrar , Having regard to the above application lodged on 21 July 2006, Having regard to the information submitted by the respondent Government, Having deliberated, decides as follows: THE FACTS The applicant, Ms Danutė Vasiliauskienė, is a Lithuanian national who was born in 1950 and lives in Šilutė. The Lithuanian Government (“the Government”) are represented by their Agent, Ms Elvyra Baltutyt ė . The applicant’s family were evicted from their home, which had been sold by auction to a third party, and ended up sleeping in a garage. Subsequently, after notification of the case to the Government, they were re-housed by a local authority in an apartment. The applicant originally complained to the Court of a violation of Article 8 of the Convention. However, she did not reply to the invitation to submit comments on the observations of the Government, despite correspondence from the Registry, sent by registered post, warning her that her case might be struck out under Article 37 § 1 (a) of the Convention should the circumstances lead the Court to conclude that an applicant does not intend to pursue the application. The applicant received the last of these letters on 12 June 2008, but did not respond. THE LAW The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue her 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. Sally Dollé Françoise Tulkens Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2009/391.html