FRIMU proti Moldavsku

SECOND SECTION

DECISION

Application no. 6379/11
Svetlana FRIMU
against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 18 January 2024 as a Committee composed of:

Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 22 December 2010,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Svetlana Frimu, was born in 1965. She was represented by Ms V. Guțu, practicing in Chișinău.

The applicant’s complaint under Article 6 of the Convention concerning access to court was communicated to the Moldovan Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s representative, who was invited to submit the applicant’s observations. No reply was received to the Registry’s letter.

By letter dated 10 November 2022, sent by registered post, the applicant’s representative was notified that the period allowed for submission of the observations had expired on 5 August 2022 and that no extension of time had been requested. The representative’s 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 representative received that letter on 29 November 2022. However, no response has followed.

By letter dated 25 September 2023, sent by registered post and accompanied by a translation into Romanian, the Registry informed the applicant of her lawyer’s failure to respond and invited her to explain the reasons that had kept her and her lawyer from replying earlier. The applicant was warned 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 applicant received that letter on 16 October 2023. She did not reply.

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 8 February 2024.

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Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President