FIRST SECTION

DECISION

Application no. 57535/19 Irena FLORIAN against Poland

The European Court of Human Rights (First Section), sitting on 7 October 2021 as a Committee composed of:

Erik Wennerström, President, Lorraine Schembri Orland, Ioannis Ktistakis, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 31 October 2019,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Irena Florian, was born in 1981 and lives in Munich. She was represented by Mr C.R. Kornijewski, who also lives in Munich.

The applicant’s complaints under Article 8 of the Convention concerning the allegedly unjustified placement of her son in foster care were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.

By letters dated 29 June 2021, sent by registered mail, the applicant and her representative were notified that the period allowed for submission of the observations had expired on 7 June 2021 and that no extension of time had been requested. The applicant’s 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 the applicant does not intend to pursue the application. Both letters were returned to the Court, respectively, on 3 and 26 July 2021 as unclaimed. No other correspondence address was provided by the applicant or her representative.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention and the Protocols thereto, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck 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 October 2021.

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Viktoriya Maradudina Erik Wennerström Acting Deputy Registrar President