E.B.-M. proti Polsku

FIRST SECTION

DECISION

Application no. 5390/21
E.B.-M.
against Poland

The European Court of Human Rights (First Section), sitting on 30 June 2022 as a Committee composed of:

Alena Poláčková, President,
Raffaele Sabato,
Davor Derenčinović, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 12 January 2021,

Having regard to the decision to grant the applicant anonymity, in accordance with Rule 47 § 4 of the Rules of the Court,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms E. B.-M., was born in 1992.

The applicant’s complaints under Articles 3 and 8 of the Convention concerning the restrictions on legal abortion on the ground of foetal defects and the alleged formal shortcomings of the legal basis under Article 8 of the Convention were communicated to the Polish Government (“the Government”), who submitted observations on the admissibility and merits on 4 October 2021. The observations were forwarded to the applicant, who was invited to submit her own observations. No reply was received to the Registry’s letter.

By letter dated 16 November 2021, sent by registered post, the applicant was notified that the period allowed for submission of her observations had expired on 4 November 2021 and that no extension of time had been requested. The applicant’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 letter was delivered on 18 November 2021 and the postal receipt was signed by the applicant’s husband. 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 21 July 2022.

Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President