European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/406.html
Cite as: [2010] ECHR 406
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FOURTH SECTION
DECISION
Application no.
7404/05
by Dariusz LIDZBA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 9 March 2010 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Giovanni
Bonello,
Ljiljana
Mijović,
Ján
Šikuta,
Mihai
Poalelungi,
Nebojša
Vučinić,
judges,
and Lawrence
Early, Section
Registrar,
Having regard to the above application lodged on 27 January 2005,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Dariusz Lidzba, is a Polish national who was born in 1975 and lives in Dobrzyca. The Polish Government (“the Government”) are represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 22 October 2008 the President of the Fourth Section decided to communicate the applicant's complaint under Article 8 of the Convention concerning the enforcement of the applicant's visiting rights in respect of his daughter.
By a letter of 29 April 2009 the Court invited the applicant to submit his observations on the admissibility and merits of the case. Having received no reply, by registered letters of 21 August 2009 and 20 November 2009 the Registry of the Court pointed out to the applicant that the deadline for submitting his observations had expired and invited him to submit his observations by 18 September 2009 and 14 December 2009, respectively. The Registry also warned the applicant that in the absence of a reply the Court might infer that he had lost interest in the case.
The applicant failed to reply to these letters and he has not resumed his correspondence with the Court.
On this basis, the Court concludes that the applicant is no longer interested in pursuing his application.
THE LAW
The Court, having regard to the events that occurred after notice of the application had been given to the Polish Government, considers that it does not have to deal further with the present application and that Article 37 § 1 of the Convention should be applied. That provision, in its relevant part, reads:
“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that
(a) the applicant does not intend to pursue his application; ...
However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”
In the circumstances of the present case, the Court concludes that the applicant does not intend to pursue his application.
Consequently, the Court finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). 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.
Lawrence Early Nicolas Bratza
Registrar President