PILAWA proti Polsku

FIRST SECTION

DECISION

Application no. 72257/12
Leszek PILAWA
against Poland

The European Court of Human Rights (First Section), sitting on 5 March 2019 as a Committee composed of:

Aleš Pejchal, President,
Tim Eicke,
Jovan Ilievski, judges,
and Renata Degener, Deputy Section Registrar,

Having regard to the above application lodged on 8 November 2012,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Leszek Pilawa, is a Polish national, who was born in 1956 and lives in Kędzierzyn-Koźle. He was represented before the Court by Mr J. Maciejko, a lawyer practising in Kędzierzyn-Koźle.

2. The applicant’s complaint concerning the alleged lack of access to an appellate court was communicated to the Polish Government (“the Government”), who were represented by their Agent, Ms J. Chrzanowska, and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.

3. The applicant failed to respond to the Registry’s letter of 15 October 2018, received by his representative on 26 October 2018, reminding him that the period allowed for submission of his reply to the Government’s observations had expired on 24 June 2018 and that no extension of time had been requested. His attention was drawn to Article 37 § 1 (a) of the Convention. Subsequently, the applicant failed to respond to a similar letter of 23 November 2018, received by his representative on 27 November 2018.

THE LAW

4. 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 28 March 2019.

Renata Degener Aleš Pejchal
Deputy Registrar President