FIRST SECTION
DECISION
Application no. 54080/16
Bartosz BIRECKI
against Poland
The European Court of Human Rights (First Section), sitting on 23 October 2018 as a Committee composed of:
Ksenija Turković, President,
Krzysztof Wojtyczek,
Pauliine Koskelo, judges,
and Abel Campos, Section Registrar,
Having regard to the above application lodged on 7 September 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Bartosz Birecki, is a Polish national, who was born in 1983 and lives in Warszawa. He was represented before the Court by Ms K. Zdunek-Drożdż, a lawyer practising in Warszawa.
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.
The applicant complained under Article 6 § 1 of the Convention about the excessive length of criminal proceedings and under Article 13 of the Convention about the ineffectiveness of a civil law remedy for the excessive length of proceedings.
On 16 July 2018 and 12 September 2018 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him 4,000 Polish zlotys (four 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. 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 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 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. 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 15 November 2018.
Abel CamposKsenija Turković
RegistrarPresident
Full & Egal Universal Law Academy