FIRST SECTION
DECISION
Application no. 2062/14
Maria Elżbieta CZAJKOWSKA
against Poland
The European Court of Human Rights (First Section), sitting on 13 November 2018 as a Committee composed of:
Ksenija Turković, President,
Krzysztof Wojtyczek,
Pauliine Koskelo, judges,
and Abel Campos, Section Registrar,
Having regard to the above application lodged on 31 December 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Ms Maria Elżbieta Czajkowska, is a Polish national, who was born in 1955 and lives in Gdańsk.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.
3. In October 2011 the applicant, who had given up her employment in order to provide care to her disabled mother, was granted a nursing allowance for an indefinite period of time. Following a legislative amendment, the applicant lost the entitlement to the allowance as from 30 June 2013. It appears that in June 2014 the applicant was granted a nursing allowance in the same amount as previously on the basis of the new legislation enacted in April 2014. The allowance was granted to her with the effect as from 1 July 2013.
4. The applicant complained under Article 1 of Protocol No. 1 to the Convention that the decision revoking her entitlement to the allowance as from 30 June 2013 amounted to a violation of Article 1 of Protocol No. 1 to the Convention.
5. On 23 March 2018 the Court decided to give notice to the Government of the applicant’s complaint detailed above.
6. By letter dated 14 May 2018 the applicant informed the Court that she wanted to withdraw the application since she had received the full amount of the nursing allowance.
7. On 31 August 2018 the Government submitted their observations on the admissibility and merits of the application.
THE LAW
8. In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, 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.
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 6 December 2018.
Abel CamposKsenija Turković
RegistrarPresident
Full & Egal Universal Law Academy