CEDH · CASELAW;DECISIONS;ADMISSIBILITYCOM;ENG — 10 octobre 2017

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s2EF17D91 { margin-top:0pt; margin-bottom:0pt; text-align:center; font-size:2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sB9D5CABB { width:28.35pt; display:inline-block } .sA36B60A1 { font-family:Arial; font-style:italic } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s5F897A7E { margin-top:12pt; margin-left:14.2pt; margin-bottom:0pt } .s7E985A65 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; font-size:1pt } .sF7A4323 { margin-top:36pt; margin-bottom:0pt; text-align:left } .sF3B96856 { width:11.87pt; display:inline-block } .s9D8C29BD { width:190.76pt; display:inline-block } .sA2E62387 { width:204.97pt; display:inline-block }     THIRD SECTION DECISION Application no. 19971/07 Dragutin ĆIROVIĆ against Serbia The European Court of Human Rights (Third Section), sitting on 10   October 2017 as a Committee composed of:   Pere Pastor Vilanova, President,   Branko Lubarda,   Georgios A. Serghides, judges, and Fatoş Aracı, Deputy Section Registrar, Having regard to the above application lodged on 14   April 2007, Having deliberated, decides as follows: FACTS AND PROCEDURE The applicant, Mr Dragutin Ćirović, a Serbian national, was born in 1935 and lived in Rudnik. The Serbian Government (“the Government”) were initially represented by their former Agent, Ms   V.   Rodić, who was subsequently substituted by their current Agent, Ms   N.   Plavšić. The facts of the case, as submitted by the applicant, may be summarised as follows. On an unspecified date, the applicant lodged a trespass claim against “Srbija Šume” ( Javno preduzeće Srbija Šume ŠG Kragujevac – ŠU Gornji Milanovac ), a statutory corporation. On 14   June 2006 the Municipal Court in Gornji Milanovac accepted the applicant’s requests concerning trespassing and on 24   November   2006 ordered “Srbija Šume” to pay the applicant’s legal costs of RSD   86,400 within 15 days from the date of the receipt of that decision. On 17   January   2007 the District Court in Čačak upheld the decision of 24   November   2006. The decision of 14   June   2006 became final in meantime, as no party had appealed against it. On 26   February   2007 the applicant lodged an enforcement request. On the same date the Municipal Court issued an enforcement order to this effect. The enforcement proceedings continued thereafter. On 8   April   2009 the District Court rejected the applicant’s last appeal. The applicant complained under Article 6 of the Convention and Article   1 of the Protocol No.   1 that the enforcement of the court’s decisions in his favour has been protracted and in breach of domestic law. On 14   October 2013 the Court decided to give notice to the Government of the applicant’s complaints detailed above. On 4   December 2013 the last letter of the Court sent to the applicant was returned with the post mark indicating that the applicant had died. On 16   December 2013 the Court sent a letter, by registered mail, to the only address provided by the applicant, inviting potential relatives to indicate whether they wished to pursue his application before the Court in the capacity of the applicant’s heirs, and to inform the Court of their decision by 15   January 2014. On 10   January 2014 the Court received the advice of receipt in relation to the last letter sent to the applicant indicating that the letter could not be delivered. In the meantime no heirs presented themselves to continue with the application. THE LAW The Court notes that the applicant has died and that no request has been submitted by his heirs to pursue the examination of the case. In these circumstances the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article   37 §   1   (c) 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.   Done in English and notified in writing on 9   November   2017.   Fatoş Aracı   Pere Pastor Vilanova Deputy Registrar   President