FOURTH SECTION
DECISION
Application no. 65947/14
Piotr MIELNICZEK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 25 April 2017 as a Committee composed of:
Nona Tsotsoria, President,
Krzysztof Wojtyczek,
Marko Bošnjak, judges,
and Andrea Tamietti, Deputy Section Registrar,
Having regard to the above application lodged on 19 September 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Piotr Mielniczek, is a Polish national, who was born in 1984 and lives in Łomnica.
2. The Polish Government (“the Government”) were represented by their Agent, Ms Justyna Chrzanowska, of the Ministry of Foreign Affairs.
3. The applicant complained under Article 6 § 1 of the Convention about the excessive length of civil proceedings and about a refusal to exempt him from a court fee for lodging his complaint against the length of civil proceedings. These complaints were communicated to the Government.
4. The Government expressed their willingness to settle the case and proposed to pay the applicant a certain amount to this effect. By letter dated 21 May 2016 the applicant responded that he was prepared to accept the offer of a settlement. By letters dated 13 June and 4 July 2016 the applicant was requested to return a signed friendly settlement declaration. No reply was received to the Registry’s letters.
5. By letter dated 27 October 2016, sent by registered post, the applicant was notified that he had not returned the signed friendly settlement declaration and was requested to do so by 17 November 2016. 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.
6. The applicant was notified twice at his address about the above letter. However, the letter was returned as unclaimed on 25 November 2016. No further correspondence has been received from the applicant after 21 May 2016, when he had expressed his willingness to conclude a friendly settlement.
THE LAW
7. 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.
8. 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 18 May 2017.
Andrea TamiettiNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy