FOURTH SECTION

DECISION

Application no . 31210/11 Danuta POGODA against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 21 April 2015 as a Committee composed of:

Päivi Hirvelä , President, Ledi Bianku , Nona Tsotsoria , judges,

and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 6 May 2011 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Danuta Pogoda , was a Polish national, who was born in 1930 and live d in Częstochowa .

The Polish Government (“the Government”) wer e represented by their Agent, M s J. Chrzanowska , Agent of the Government .

The applicant complained under Article 1 of Protocol No.1 of the Convention that as a result of shortcomings in the decisions of the domestic courts and the lack of legal certainty as to the State ’ s civil liability for debts incurred by defunct State-owned companies, she was deprived of compensation for damage caused by non-contractual use of her land.

The application was communicated to the Government on 22 December 2014.

By letter of 17 March 2015 the Government informed the Registry that the applicant had died on 22 October 2011. On 18 September 2013, by a decision of the Częstochowa District Court, the municipality of Częstochowa acquired the applicant ’ s estate.

The Government asked that the examination of the application not be pursued.

On 23 March 2015 the Court ’ s letter of 22 December 2014 addressed to applicant was returned, bearing a postal stamp “the addressee died”.

THE LAW

The Court notes that the applicant died in the course of the proceedings before the Court. No heirs or relatives have expressed any wish to continue the proceedings before the Court.

In these circumstances, the Court concludes that it is no longer justified to continue the examination of the application within the meaning of Article 37 § 1 (c) of the Convention (see Léger v. France ((striking out) [GC], no. 19324/02, §§ 43-51, 30 March 2009).

Furthermore, the Court finds no reasons of a general character, as defined in Article 37 § 1 in fine , which would require the examination of this part of the application by virtue of that Article. Accordingly, the application 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 21 May 2015 .

Fatoş Aracı Päivi Hirvelä Deputy Registrar President