WRÓBLEWSKI v. POLAND
Doc ref: 36600/13 • ECHR ID: 001-178932
Document date: October 17, 2017
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FIRST SECTION
DECISION
Application no . 36600/13 Jacek WRÓBLEWSKI against Poland
The European Court of Human Rights (First Section), sitting on 17 October 2017 as a Committee composed of:
Aleš Pejchal, President, Krzysztof Wojtyczek, Jovan Ilievski, judges,
and Renata Degener, Deputy Section Registrar ,
Having regard to the above application lodged on 14 May 2013,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. The applicant, Mr Jacek Wróblewski, is a Polish national, who was born in 1971 and lives in Pabianice.
2. The Polish Government (“the Government”) were represented by their Agent, Mrs J. Chrzanowska of the Ministry of Foreign Affairs.
3. The applicant complained under Article 6 of the Convention that he had been deprived of access to a court for determination of his civil rights on account of the fact that the domestic court had refused to entertain his claim for compensation.
4. On 9 February 2017 t he applicant ’ s complaints were communicated to the Government, who submitted their observations on the admissibility and merits on 8 June 2017 . These observations were forwarded to the applicant, who was invited to submit his observations in reply as well as his claims for just satisfaction by 25 July 2017.
5. In the meantime, by letter of 16 February 2017 the applicant was asked to complete and return the authority form by 27 April 2017. The letter was sent to his home address in Pabianice and was returned to the Court as the addressee had moved out. Subsequently, a new time-limit for the appointment of a representative was granted and the letter was sent on 16 May 2017 to the prison facility also indicated in the case file. The letter was returned to the Court with a note that the applicant was released on 3 July 2016 and his home address was the address in Pabianice.
6. By a letter dated 10 July 2017, sent by registered post to the address in Pabianice, the applicant was notified that the period allowed for submission of his observations would expire on 25 July 2017. The applicant ’ 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. The applicant failed to collect the letter from the post office and it was returned to the Registry.
THE LAW
7. 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.
8. 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 16 November 2017 .
Renata Degener Aleš Pejchal Deputy Registrar President
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