Avesani v. Poland

FIRST SECTION

Application no. 24877/20 Mirko AVESANI against Poland

The European Court of Human Rights (First Section), sitting on 23 November 2023 as a Committee composed of:

Lətif Hüseynov , President , Krzysztof Wojtyczek, Ivana Jelić , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 30 April 2020,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Mirko Avesani, was born in 1975. He was represented by Ms J. Terka, a lawyer practising in Poznań.

The applicant’s complaints under Article 8 of the Convention concerning the length and the outcome of proceedings under the Hague Convention instituted by him to seek the return of his minor child, who had been wrongfully abducted from Italy to Poland by the child’s mother, were communicated to the Polish Government (“the Government”).

By letter dated 19 May 2022, sent by registered post and via the Court’s Electronic Communication Service (eComms) to the applicant’s representative, the latter was notified that the period allowed for submission of a friendly settlement declaration had expired on 17 January 2022 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. No response has been received.

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 14 December 2023.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President