FIRST SECTION

DECISION

Application no. 31115/12
Denis MAERO
against Italy

The European Court of Human Rights (First Section), sitting on 19 December 2024 as a Committee composed of:

 Georgios A. Serghides, President,
 Erik Wennerström,
 Alain Chablais, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Denis Maero, was born in 1972. He was represented by Mr M. Protto, a lawyer practising in Rome.

The applicant’s complaints under Article 7 of the Convention concerning the application of the more favourable criminal law, as well as the complaints under Article 6 concerning the right to a fair hearing, Article 7 concerning the foreseeability of the sanction and Article 1 of Protocol No. 1 concerning the right to peaceful enjoyment of possessions were communicated to the Italian Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.

By letter dated 12 September 2024, sent via the Court’s Electronic Communication Service (eComms), the applicant was notified that the period allowed for submission of his observations had expired on 3 September 2024 and that no extension of time had been requested. The applicant’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 applicant received the letter on the same day. However, no response has followed.

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 23 January 2025.

 Viktoriya Maradudina Georgios A. Serghides
 Acting Deputy Registrar President