FOURTH SECTION
DECISION
Application no. 38171/05
by Lucyna BURY
against Poland
The European Court of Human Rights (Fourth Section), sitting on 5 April 2011 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Ljiljana Mijović,
Sverre Erik Jebens,
Zdravka Kalaydjieva,
Nebojša Vučinić,
Vincent A. de Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 14 October 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Lucyna Bury, was a Polish national who was born in 1961 and lived in Strzyżów. On 13 May 2010 the applicant’s husband, Mr Wiesław Bury, informed the Court’s Registry that the applicant had died on 9 August 2007. He stated that he wished to continue the proceedings before the Court in his late wife’s stead. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
THE LAW
By letter dated 17 December 2010 the Government’s observations were sent to the late applicant’s husband, who was requested to submit any observations together with any claims for just satisfaction in reply by 26 January 2011.
On 21 January 2011 the applicant informed the Court that he wanted to withdraw the application because he considered that the Government’s observations on the case contained falsehoods.
The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his 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 AracıNicolas BratzaDeputy Registrar President
Full & Egal Universal Law Academy