FOURTH SECTION

DECISION

Application no . 28124/10 Dariusz DÄ„BROWSKI against Poland

The European Court of Human Rights (Fourth Section), sitting on 22 October 2015 as a Committee composed of:

Nona Tsotsoria, President, Ledi Bianku, Paul Mahoney, judges, and Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 17 May 2010 ,

Having deliberated, decides as follows:

THE FACTS AND PROCEDURE

The applicant, Mr Dariusz Dąbrowski, is a Polish national, who was born in 1973 and lives in Jastrzębie Zdrój.

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

The applicant complained in substance under Articles 6 and 8 of the Convention that he did not have a possibility to challenge his paternity as the prosecutor refused to file an action on his behalf.

On 15 September 2014 the applicant ’ s complaints were communicated to the Government. The Government ’ s observations on the admissibility and merits of the case were received on 9 February 2015.

By letter dated 17 February 2015 the Government ’ s observations were sent to the applicant, who was requested to submit any observations together with any claims for just satisfaction in reply by 31 March 2015.

By letter dated 23 April 2015, sent by registered post to the applicant ’ s home address, the applicant was notified that the period allowed for submission of his observations had expired on 31 March 2015 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 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 letter sent to the applicant was returned on 26 May 2015 as unclaimed.

THE LAW

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 12 November 2015 .

Fatoş Aracı Nona Tsotsoria Deputy Registrar President