Poncina v. Italy

FIRST SECTION

Application no. 10314/22 Nadia PONCINA

against Italy

The European Court of Human Rights (First Section), sitting on 12 October 2023 as a Committee composed of:

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

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 10 February 2022,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Nadia Poncina, was born in 1965.

The applicant was represented by Mr N. Zampieri , a lawyer practising in Schio.

The applicant’s complaints under Article 6 of the Convention and under Article 1 of Protocol No. 1 to the Convention concerning the application of retrospective legislation (Article 1 § 218 of Law no. 266/2005 of 23 December 2005) to pending national proceedings were communicated to the Italian Government (“the Government”).

In the communication the Registry requested the applicant to produce certain documents essential to processing of the application. No reply was received.

By letter dated 14 September 2023, sent via the Court’s Electronic Communication Service (eComms), the applicant was notified that the period allowed for submission of the requested documents had expired 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 applicants received that letter on the same day. 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 16 November 2023.

Viktoriya Maradudina Krzysztof Wojtyczek Acting Deputy Registrar President