FOURTH SECTION
DECISION
Application no. 68755/01
by Bogdan BOJARSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 7 November 2006 as a Chamber composed of:
SirNicolas Bratza, President,
MrG. Bonello,
MrM. Pellonpää,
MrK. Traja,
MrL. Garlicki,
MsL. Mijović,
MrJ. Šikuta, judges,
and Mr T.L. Early, Section Registrar,
Having regard to the above application lodged on 23 January 2001,
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 Bogdan Bojarski, is a Polish national who was born in 1949 and lives in Kobyłka. 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 parties, may be summarised as follows.
On 15 December 1991 the applicant lodged a motion for division of matrimonial property with the Wołomin District Court. In the course of the proceedings an expert on building matters was appointed.
On 9 June 1995 the Wołomin District Court gave a decision in which it, inter alia, obliged the applicant to carry out some construction work in the co-owned building to make the partition of the property feasible. The applicant appealed.
On 30 October 1995 the Warsaw Regional Court delivered a decision in which it quashed the decision of 9 June 1995 and remitted the case to a district court.
On 19 July 1996, in a letter replying to the applicant’s complaint, the President of the Warsaw Regional Court stated that the length of the proceedings was excessive.
On 20 December 1999 the Wołomin District Court stayed the proceedings in view of the fact that the applicant had not carried out all the work ordered. The applicant appealed against this decision.
On 31 March 2000 the Warsaw Regional Court delivered a decision in which it quashed the decision of 20 December 1999.
On 9 August 2000 the Wołomin District Court delivered a decision in which it dissolved the parties’ co-ownership of the property.
COMPLAINT
The applicant complained under Article 6 of the Convention about the excessive length of the proceedings in his case.
THE LAW
On 18 September 2006 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 9,000 PLN to Mr Bogdan Bojarski 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, shall be free of any taxes that may be applicable and 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 19 July 2006 the Court received the following declaration signed by the applicant:
“I, Bogdan Bojarski, the applicant, note that the Government of Poland are prepared to pay me the sum of 9,000 PLN 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, shall be free of any taxes that may be applicable and 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 discontinue the application of Article 29 § 3 of the Convention;
Decides to strike the application out of its list of cases.
T. L. EarlyNicolas bratza
RegistrarPresident
Full & Egal Universal Law Academy