FOURTH SECTION

DECISION

Application no . 51241/15 Mariola and Władysław PIELECH against Poland

The European Court of Human Rights (Fourth Section), sitting on 1 1 October 2016 as a Committee composed of:

Nona Tsotsoria , President , Krzysztof Wojtyczek , Marko Bošnjak , judges ,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 8 October 201 5 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicants, Mr Władysław Pielech and Ms Mariola Pielech , are Polish nationals, who were both born in 1954 and live in Wrocław .

2. The Polish Government (“the Government”) were represented by their Agent, Mrs J. Chrzanowska of the Ministry of Foreign Affairs.

3. The applicants complained without invoking any provisions of the Convention about the refusal to appoint them as foster parents for their granddaughter and claimed that they were discriminated against on the ground of their age. They further alleged that they had lost any contact with their granddaughter.

4. The Court considered that the applicants ’ complaints should be examined under Articles 8 and 14 of the Convention. On 18 January 2016 these complaints were communicated to the Government, who submitted their observations on the admissibility and merits. The observations were forwarded to the applicants, who were invited to submit their observations in reply as well as their just satisfaction claims. No reply was received to the Registry ’ s letter.

5. By letter dated 27 June 2016, sent by registered post, the applicants were notified that the period allowed for submission of their observations had expired on 28 April 2016 and that no extension of time had been requested. The applicants ’ 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 applicants failed to collect this letter from the post office and it was returned to the Registry.

THE LAW

6. The Court considers that, in these circumstances, the applicants may be regarded as no longer wishing to pursue their 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.

7. 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 3 November 2016 .

Andrea Tamietti Nona Tsotsoria              Deputy Registrar President