FIRST SECTION
DECISION
Application no. 23925/13
Bogusława NAPIERAŁA and Jerzy KUBICA
against Poland
The European Court of Human Rights (First Section), sitting on 13 April 2021 as a Committee composed of:
Erik Wennerström, President,
Krzysztof Wojtyczek,
Ioannis Ktistakis, judges,
and Liv Tigerstedt, Deputy Section Registrar,
Having regard to the above application lodged on 18 March 2013,
Having regard to the decision to restore the application to its list of case as regards the applicant, Mr Jerzy Kubica,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicants, Ms Bogusława Napierała (the first applicant) and Mr Jerzy Kubica (the second applicant), both Polish nationals, were born in 1956 and 1928 respectively. The second applicant died in 2019. They were both represented before the Court by Mr G. Orman, a lawyer practising in Bielsko - Biała.
2. The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak of the Ministry of Foreign Affairs.
3. On 21 April 2020, the Court (First Section) sitting as a Committee, decided to strike the present application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention on the basis of a unilateral declaration submitted by the Government acknowledging a violation of Articles 6 § 1 and 13 of the Convention, acknowledging that the length of the administrative proceedings in the present case had given rise to an interference with the applicants’ right to the peaceful enjoyment of their possessions and awarding each of the applicants 1,000 euros (EUR) in respect of pecuniary and non‑pecuniary damage and costs and expenses.
4. On 16 October 2020 the Government made a request to restore the application to the Court’s list of cases as regards the second applicant, Mr Jerzy Kubica. In the process of executing the Court’s decision they became aware of the fact that, Mr Kubica had died on 27 December 2019, that is before the Government had signed their unilateral declaration.
5. On 17 November 2020 the Court allowed the Government’s request to restore the application to its list of cases as regards the second applicant.
6. By a letter of 23 November 2020, sent by registered post, the second applicant’s lawyer was notified that the application had been partly restored to the Court’s list of cases and was invited to inform the Court by 14 December 2020 whether any potential heirs of Mr Kubica wished to pursue the application before the Court. His 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 they do not intend to pursue the application
7. On 4 December 2020 the Court’s registered letter was delivered to the second applicant’s lawyer. However, no reply to this letter has been received by the Court to date.
THE LAW
8. In the light of the foregoing, the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention.
9. 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 20 May 2021.
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Liv TigerstedtErik Wennerström
Deputy RegistrarPresident
Full & Egal Universal Law Academy