FOURTH SECTION
DECISION
Application no. 49013/10
Grazyna BORKOWSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 9 October 2012 as a Committee composed of:
George Nicolaou, President,
Ledi Bianku,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 4 August 2010,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Grażyna Borkowska, is a Polish national, who was born in 1958 and lives in Radowo Małe.
The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, succeeded by Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention that final judgments given in her civil cases against public authorities had remained unenforced and that her right to be paid for her work had been breached thereby.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. They submitted, inter alia, that after the application had been lodged with the Court the amounts awarded to the applicant by civil courts had largely been paid.
The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.
By letter dated 28 June 2012, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 4 May 2012 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 a case 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 this letter on 4 July 2012. However, no response has been received.
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.
Fatoş AracıGeorge Nicolaou
Deputy RegistrarPresident
Full & Egal Universal Law Academy