FIRST SECTION
DECISION
Application no. 14093/16
Marian DANIELEWICZ against Poland
and 2 other applications
(see list appended)
The European Court of Human Rights (First Section), sitting on 26 November 2019 as a Committee composed of:
Armen Harutyunyan, President,
Krzysztof Wojtyczek,
Pauliine Koskelo, judges,
and Renata Degener, 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
1. A list of the applicants is set out in the appendix.
2. On 13 June 2018, the applicant Mr Szczepan Rojowski died (case no. 22152/18). The applicant’s representative informed the Registry that the applicant’s wife, Ms Regina Rojowska wished to pursue the application in the capacity of his heir.
3. The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak, of the Ministry of Foreign Affairs.
4. All applicants complained under Articles 6 and 13 of the Convention of the unreasonable length of administrative proceedings in their cases and of an ineffective remedy in that respect. The applicants in case no. 14093/16 and case no. 14725/18 also alleged a breach of their right to property pursuant to Article 1 of Protocol No. 1 to the Convention.
5. On the dates set out in the appendix the Court received 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 against an undertaking by the Government to pay them the sums detailed in the appended table. These sums will be converted into Polish zlotys at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They 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 these sums within the said three-month period, the Government undertook 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
6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
7. The Court takes note of the death of Mr Szczepan Rojowski and of the wish of his heir, Ms Regina Rojowska, to pursue the proceedings in his stead. It considers that she has a legitimate interest in pursuing the application (see, among others, Ječius v. Lithuania, no. 34578/97, § 41, ECHR 2000-IX).
8. The Court further 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 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 19 December 2019.
Renata DegenerArmen Harutyunyan
Deputy RegistrarPresident
APPENDIX
List of cases
No.
Application no.
Applicant’s Name
and date and place of birth
Date of the applicant’s friendly-settlement declaration
Date of the Government’s friendly-settlement declaration
Friendly settlement
1.
14093/16
Marian DANIELEWICZ
28/01/1939
Wilczyn
15/10/2019
15/10/2019
EUR 9,100
2.
14725/18
Mirosława BOBOWICZ
9/12/1930
Romany
2/10/2019
15/10/2019
EUR 2,000
3.
22152/18
Krzysztof ROJOWSKI
15/05/1931
Bystrzyca
(Szczepan ROJOWSKI) Regina ROJOWSKA
12/05/1939
Katowice
Zbigniew ROJOWSKI
20/06/1958
Katowice
15/07/2019
8/10/2019
EUR 7,800
EUR 7,800
EUR 7,800
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