FOURTH SECTION
DECISION
Application no. 15868/10
by Krystyna and Stanisław ANTONIAK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 30 November 2010 as a Committee composed of:
David Thór Björgvinsson, President,
Päivi Hirvelä,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 March 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Krystyna Antoniak and Mr Stanisław Antoniak. The applicants are Polish nationals who were born in 1950 and in 1942 respectively and live in Brwinów. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicants complained under Article 6 § 1 of the Convention about the lack of access to the Supreme Court.
On 19 October 2010 and 20 October 2010 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay both of them 5,600 PLN (approximately 1,200 EUR) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be free of any taxes that may be applicable It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and 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.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy