FIRST SECTION
DECISION
Application no. 15362/09
Sylwester BIEŃKOWSKI
against Poland
The European Court of Human Rights (First Section), sitting on 21 May 2019 as a Committee composed of:
Tim Eicke, President,
Jovan Ilievski,
Raffaele Sabato, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 22 January 2009,
Having regard to the declaration submitted by the respondent Government on 21 February 2019 requesting the Court to strike the application out of the list of cases and the applicants’ reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska, and subsequently by Mr J. Sobczak, of the Ministry of Foreign Affairs.
3. The applicant, Mr Sylwester Bieńkowski, complained under Article 6 § 1 of the Convention about the unreasonable length of civil proceedings and under Article 13 of the Convention about the lack of effective remedy for the excessive length of proceedings.
4. The application was communicated to the Government.
5. On 6 December 2017 the applicant’s wife, Mrs Wioletta Bieńkowska, informed the Court’s Registry that the applicant had died on 6 July 2015. She stated that she wished to continue the proceedings before the Court in her late husband’s stead. Moreover, the applicant’s two daughters, Ms Agnieszka Powierza and Ms Magdalena Bieńkowska, also expressed their wish to continue the proceedings in their father’s stead. Wioletta Bieńkowska, Magdalena Bieńkowska, and Agnieszka Powierza are the applicant’s sole heirs as confirmed by the domestic court’s decision of 3 December 2015.
6. The respondent Government did not object to the applicant’s heirs’ wish to pursue the application.
7. The Court reiterates that it has accepted on a number of occasions that close relatives of a deceased applicant may be entitled to take his or her place (see, inter alia, Goc v. Poland (dec.), no. 48001/99, 23 October 2001). In the present case, the Court accepts that the applicant’s wife and two daughters can pursue the application in his stead.
8. By letter dated 21 February 2019 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. The Government acknowledged a violation of Article 6 § 1 on account of the excessive length of proceedings and violation of Article 13 on account of the lack of an effective remedy, securing sufficient redress for a violation of Article 6 § 1. They undertook to pay the three applicants jointly 12,000 Polish zlotys (PLN, twelve thousand) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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 Convention. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on each of them, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default periods plus three percentage points. They further requested the Court to strike out the application.
9. By letters received on 29 March and 1 April 2019 the three applicants informed the Court that they had agreed to the terms of the Government’s declaration.
THE LAW
10. The Court finds that following the applicants’ express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
11. It therefore 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.
12. 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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 13 June 2019.
Renata DegenerTim Eicke
Deputy RegistrarPresident
Appendix
List of Applicants
Wioletta BIEŃKOWSKA,born in 1958, lives in Skrzeszew Magdalena BIEŃKOWSKA, lives in Kałuszyn Agnieszka POWIERZA, lives in Warszawa
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