FOURTH SECTION
DECISION
Application no. 61818/00
by Barbara GRABOWSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 11 December 2001 as a Chamber composed of
SirNicolas Bratza, President,
MrM. Pellonpää,
MrA. Pastor Ridruejo,
MrsE. Palm,
MrJ. Makarczyk,
MrsV. Strážnická,
MrS. Pavlovschi, judges,
and Mr M. O’Boyle, Section Registrar,
Having regard to the above application lodged with the Court on 22 March 2000 and registered on 16 October 2000,
Having regard to the written submissions of the parties,
Having deliberated, decides as follows:
THE FACTS
The applicant, Barbara Grabowska, is a Polish national, who was born in 1958 and lives in Piotrków Trybunalski, Poland. She was represented before the Court by Mr Andrzej Pelc, a lawyer practising in Łódź, Poland.
The respondent Government were represented by their Agent, Mr Krzysztof Drzewicki, of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 9 July 1985 the applicant and her husband obtained a divorce decree.
On later unknown date in 1985 the ex-husband filed with the Otwock District Court (Sąd Rejonowy) a petition for division of the joint matrimonial property.
Prior to 16 December 1992 the court held a number of hearings and obtained two expert reports.
On 16 December 1992 the court gave a preliminary decision (postanowienie wstępne). The petitioner appealed.
On 21 May 1993 the Warsaw Regional Court (Sąd Wojewódzki) set aside the first-instance decision and remitted the case.
The District Court held hearings on 16 December 1993 and 9 March 1995. On 27 November 1995 the court ordered that an expert report be obtained in order to supplement the report prepared in July 1991. Later, the applicant’s lawyer requested the court to quash its order of 27 November 1995.
On 12 September 1996 the court held a hearing. It ordered that a report by a jewellery expert be obtained. The report was submitted to the court on 7 November 1996.
The court held hearings on 19 December 1996 and 4 February 1997. It appears that in the course of the proceedings a number of hearings were adjourned for unknown reasons.
On 25 February 1997 the Otwock District Court gave a decision. On 14 August 1997, on an appeal by the applicant, the Warsaw Regional Court set aside that decision and remitted the case.
On 27 August 1997 the applicant unsuccessfully requested the Warsaw Regional Court to transfer the case to another court.
On 24 February 1998 the Otwock District Court ordered the petitioner to submit a pleading. The court held a hearing on 30 November 1999. Later, the court obtained another expert report.
It appears that the proceedings are pending before the Otwock District Court.
COMPLAINT
The applicant complained under Article 6 §1 of the Convention about the length of civil proceedings.
THE LAW
On 10 July 2001 the Court decided to communicate the application to the respondent Government.
On 29 October 2001 the Court received the following declaration from the respondent Governmnet:
“I declare that the Government of the Republic of Poland offer to pay to Ms Barbara GRABOWSKA a sum of 10 000 (ten thousand) PLN with a view to securing a friendly settlement of the application no. 61818/00 pending before the European Court of Human Rights in Strasbourg. This sum shall cover any eventual pecuniary and non-pecuniary damage as well as costs, and it will be payable to the applicant after signing the declarations by the parties concerned, however not later than three months after the notification of the decision delivered by the Court pursuant to Article 39 of the European Convention on Human Rights. This payment will constitute the final resolution of the case.
I declare at the same time that the offer of the above-mentioned amount has been made in connection with duration of the proceedings in the applicant’s case before the organs of the Polish judiciary.
This declaration does not entail any acknowledgement by the Government of a violation of the European Convention on Human Rights in the present case.
I further undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the European Convention.”
On 21 November 2001 the Court received the following declaration signed by the applicant:
“I note hereby that the Government of the Republic of Poland are prepared to pay to me a sum of 10 000 (ten thousand) PLN covering any eventual pecuniary and non-pecuniary damage as well as costs with a view to securing a friendly settlement of the application no. 61818/00 pending before the European Court of Human Rights. This payment will constitute the final resolution of the case under the terms stipulated in the Declaration of the Government Agent.
I further undertake not to request the reference of the case to the Grand Chamber under Article 43 § 1 of the European Convention.”
The Court takes note of the agreement reached between the parties and considers that the matter has been resolved (Article 37 § 1 (b) of the Convention). Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the examination of the application to be continued. Accordingly, the case should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the case out of the list.
Michael O’BoyleNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy