FOURTH SECTION

DECISION

Application no. 45769/08 by Zbigniew KOZDÓJ against Poland

The European Court of Human Rights (Fourth Section), sitting on 19 January 2010 as a Chamber composed of:

Nicolas Bratza , President, Lech Garlicki , Giovanni Bonello , Ljiljana Mijović , Päivi Hirvelä , Ledi Bianku , Nebojša Vučinić , judges, and Lawrence Early, Section Registrar ,

Having regard to the above application lodged on 10 September 2008,

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Zbigniew Kozdój, a Polish national who was born in 1969 and lives in Osiecznica . The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs .

The applicant ’ s complaint under Article 6 concerning the length of the criminal proceedings was communicated to the Government, who submitted their friendly-settlement proposal.

By letter dated 14 August 2009 the app licant was requested to submit comments on the Government ’ s proposal by 14 September 2009 and again by 2 November 2009 .

By letter dated 10 November 2009, sent to the Zielona Góra Detention Centre, the applicant was req uested to inform the Court by 8 December 2009 whether he wished to pursue his application. The same latter was sent to the Branice Regional Psychiatric Hospital and to the applicant ’ s home address. All letters, sent by registered mail with an acknowledgment of receipt, were returned unclaimed.

The applicant has not to date resumed correspondence with the Court in the instant case .

THE LAW

The Court considers that, in these circ umstances, 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 de fined 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.

Lawrence Early Nicolas Bratza Registrar President