FIRST SECTION

DECISION

Application no. 3990/16 Arkadiusz JADACKI against Poland

The European Court of Human Rights (First Section), sitting on 18 January 2024 as a Committee composed of:

Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 January 2016,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Arkadiusz Jadacki, was born in 1975. He was represented by Mr P. Biernacki, a lawyer practising in Warsaw.

The applicant’s complaint under Article 6 of the Convention concerning access to a court in a public-employment dispute was communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits. The observations were forwarded to the applicant’s lawyer, who was invited to submit observations on behalf of the applicant. No reply was received to the Registry’s letter.

By letter dated 3 November 2023, sent via the Court’s Electronic Communication Service (e-Comms), the applicant’s lawyer was notified that the period allowed for submission of the observations of behalf of his client had expired on 28 January 2023 and that no 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 does not intend to pursue the application. The applicant’s lawyer received that letter, 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 8 February 2024.

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Viktoriya Maradudina Péter Paczolay Acting Deputy Registrar President