FOURTH SECTION
DECISION
Application no. 22457/11
Marek PODLECKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 3 May 2016 as a Committee composed of:
Nona Tsotsoria, President,
Krzysztof Wojtyczek,
Gabriele Kucsko-Stadlmayer, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 22 February 2011,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Marek Podlecki, is a Polish national, who was born in 1959 and lives in Wegorzyno. He was represented before the Court by Mr R. Kaliński, a lawyer practising in Szczecin.
The Polish Government (“the Government”) were represented by their Agent, Mrs J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 8 of the Convention that decisions refusing him visits from his cousin and his fiancée infringed his right to respect his family life.
The applicant’s complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit his own observations. No reply was received to the Registry’s letter.
By letters dated 14 August 2015 and 17 December 2015, sent by registered post, the applicant’s representative was notified that the period allowed for submission of his observations had expired on 11 September 2015 and that no extension of time had been requested. The applicant’s representative’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. 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 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.
Done in English and notified in writing on 26 May 2016.
Fatoş AracıNona Tsotsoria
Deputy RegistrarPresident
Full & Egal Universal Law Academy