FIRST SECTION

DECISION

Application no. 45909/17 Henryk Jan FURMAN against Poland

The European Court of Human Rights (First Section), sitting on 16 June 2022 as a Committee composed of:

Alena Poláčková, President, Raffaele Sabato, Davor Derenčinović, judges, and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 20 June 2017,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Henryk Jan Furman, was born in 1953 and died on 8 March 2018. Since the applicant’s death, the application has been pursued by his widow, Ms B. Furman (born in 1958).

The applicant and his widow were represented by Mr W. Szczygielski, a lawyer practising in Lublin.

The applicant’s complaint under Article 6 § 1 of the Convention (that his lawyer was impeded from representing him in his civil case against the State Treasury because he was informed of the date of the appellate hearing after the hearing had taken place) was communicated to the Polish Government (“the Government”).

On 29 October and 30 November 2021, the Registry sent letters to the lawyer of the applicant’s widow requesting a copy of a document confirming that she was a legal heir of the deceased applicant. No reply was received to these letters.

By letter dated 18 February 2022, sent by registered post, the lawyer was notified that the period allowed for the submission of this document had expired on 13 December 2021 (after extension had been granted on 30 November 2021) and that no new extension of time had been requested. The lawyer’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’s heir does not intend to pursue the application. The lawyer received this letter on 7 March 2022. However, no response has followed.

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 7 July 2022.

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar Presid ent