FIRST SECTION
DECISION
Application no. 16500/20
Beata BLANCKENSTEIN against Poland
and 4 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 23 November 2023 as a Committee composed of:
Lətif Hüseynov, President,
Krzysztof Wojtyczek,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of administrative proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Poland in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 14 December 2023.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of administrative proceedings and lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage
per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
16500/20
02/04/2020
Beata BLANCKENSTEIN
1958
15/09/2023
15/05/2023
10,400
-
34717/21
29/06/2021
Wanda GAJDA
1952
Halina WEBER
1950
Justyna Metelska
Warsaw
15/09/2023
15/09/2023
9,100
250
38033/22
21/07/2022
Beata PODGÓRSKA
1974
Anna Graboś
Warsaw
15/09/2023
15/06/2023
6,500
250
41941/22
23/08/2022
Jolanta KOSIŃSKA
1956
Anna Graboś
Warsaw
15/09/2023
15/06/2023
1,000
250
42579/22
23/08/2022
Włodzimierz GRUDZIŃSKI
1959
Anna Graboś
Warsaw
15/09/2023
15/06/2023
1,000
250
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy