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Ľ.L. v. SLOVAKIA

Doc ref: 30515/22 • ECHR ID: 001-229334

Document date: October 31, 2023

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Ľ.L. v. SLOVAKIA

Doc ref: 30515/22 • ECHR ID: 001-229334

Document date: October 31, 2023

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 30515/22 Ľ.L. against Slovakia

The European Court of Human Rights (First Section), sitting on 31 October 2023 as a Committee composed of:

Péter Paczolay , President , Alena Poláčková, Gilberto Felici , judges ,

and Liv Tigerstedt, Deputy Section Registrar,

Having regard to the above application lodged on 10 June 2022,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Ľ.L., was represented before the Court by Mr M. Orviský, a lawyer practising in Detva. The President of the Section granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 4 of the Rules of Court).

2. The application concerns the length and effectiveness of proceedings for the enforcement of a judicial ruling concerning the applicant’s contact rights with regard to his child, as amended by two urgent interim measures ( neodkladné opatrenie ) issued upon requests by the child’s mother in the proceedings for a modification of the applicants’ contact rights initiated by her.

3. Having been granted priority under Rule 41 of the Rules of Court, the application was communicated to the Government of the Slovak Republic (“the Government”), who were represented by their Agent, Ms M. Bálintová, as raising issues under Articles 6 and 8 of the Convention.

4. In a letter of 16 May 2023 the applicant was asked to submit by 30 June 2023 written observations in reply to those of the Government, together with any claims for just satisfaction, communication being addressed to him through the intermediary of his lawyer by means of the Court’s Electronic Communication Service (eComms), in which the latter had activated his account on 10 February 2023.

5. By a letter dated 17 July 2023 sent through the same channel, which the applicant’s lawyer downloaded, the applicant was notified that the given period had expired, and that no extension of time had been requested. His 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 does not intend to pursue the application. No reply has been received.

THE LAW

6. 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 23 November 2023.

Liv Tigerstedt Péter Paczolay Deputy Registrar President

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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