FOURTH SECTION
FINAL DECISION
Application no. 26127/06
by Artur BEDNARSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 26 June 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrJ. Casadevall,
MrG. Bonello,
MrK. Traja,
MrS. Pavlovschi,
MrL. Garlicki,
MsL. Mijović, judges,
and Mr T.L. Early, Section Registrar,
Having regard to the above application lodged on 22 June 2006,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Artur Bednarski, is a Polish national who was born in 1974 and lives in Płock. The Polish Government (“the Government”) were represented by their Agent, Mr Jakub Wołąsiewicz of the Ministry of Foreign Affairs.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 27 March 2002 the applicant filed an action with the Warsaw District Court. He sought a declaration of the fact that he had been employed by the defendant and requested a certificate confirming his employment.
Hearings were held on 4 November 2002, 9 July 2003 and 15 March 2004. On 15 March 2004 the defendant was ordered to submit some documents within 14 days.
A hearing planned to be held on 28 July 2004 was postponed to 25 August 2004 since the defendant’s lawyer was on leave. On 25 August 2004 he was still on leave and the court found that the required documents had not been submitted.
On 23 September 2004 the defendant submitted the documents by mail.
A subsequent hearing was held on 28 January 2005. At this hearing the defendant was ordered to submit some more information within a 14 days’ time-limit.
At a hearing of 10 June 2005 the defendant’s lawyer failed to submit the requested information and was again ordered to do so. He submitted this information by mail on 20 June 2005.
The next hearing was held on 15 September 2005.
On 9 December 2005 the applicant lodged a complaint under the 2004 Act with the Warsaw Regional Court.
On 22 December 2005 the Warsaw District Court gave a judgment. The applicant informed the Court that no appeal had been lodged and the judgment had become final.
On 9 January 2006 the Warsaw Regional Court dismissed the applicant’s complaint. In the reasoned grounds it stated that the conduct of the parties had contributed to the length of the proceedings. According to the court, there were no reasons which would have required the District Court to impose disciplinary measures on the parties. It also stressed that it had been necessary to take all the evidence.
COMPLAINT
The applicant complained under Article 6 of the Convention about the length of the civil proceedings.
THE LAW
On 26 March 2007 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, agent of the Government, declare that the Government of Poland offer to pay 10,000 Polish zlotys to Mr Artur Bednarski with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will 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 undertake 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.”
On 22 January 2007 the Court received the following declaration signed by the applicant:
“I, Artur Bednarski, note that the Government of Poland are prepared to pay me the sum of 10,000 Polish zlotys with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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 which justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
T. L. EarlyNicolas bratza
RegistrarPresident
Full & Egal Universal Law Academy