European Court of Human Rights
You are here: BAILII >> Databases >> European Court of Human Rights >> Adam OSTROWSKI v Poland - 27224/09 [2010] ECHR 1179 (29 June 2010)
URL: http://www.bailii.org/eu/cases/ECHR/2010/1179.html
Cite as: [2010] ECHR 1179
[New search] [Contents list] [Printable RTF version] [Help]
FOURTH SECTION
DECISION
Application no.
27224/09
by Adam OSTROWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 29 June 2010 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Giovanni
Bonello,
Ljiljana
Mijović,
David
Thór Björgvinsson,
Ledi
Bianku,
Mihai
Poalelungi,
judges,
and Fatoş Aracı, Deputy
Section Registrar,
Having regard to the above application lodged on 30 April 2009,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Adam Ostrowski, was a Polish national who was born in 1928 and died on 16 March 2010. He lived in Kraków. He was represented before the Court by Mr M. Tomasik a lawyer practising in Kraków. The Polish Government (“the Government”) are represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 15 December 2009 Fourth Section decided to communicate the applicant's complaints under Article 8 of the Convention concerning an interference with the applicant's private life and under Article 14 in conjunction with Article 8 of the Convention concerning an alleged discrimination on the basis of age. It was also decided to grant the application priority (Rule 41) in view of the applicant's age.
On 26 May 2010 the applicant's representative informed the Court that the applicant had died on 16 March 2010. He also stressed that the applicant's heirs had not wished to pursue the application.
In reply, the Government invited the Court to strike the application of the Court's list.
THE LAW
The Court takes note of the fact that the applicant died and that no member of his family or heir has expressed a wish to continue the proceedings before the Court in his stead. 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. 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.
Fatoş Aracı Nicolas Bratza
Deputy Registrar President