FOURTH SECTION
DECISION
Application no. 40992/09
by Danuta HOSZOWSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 3 May 2011 as a Committee composed of:
Sverre Erik Jebens, President,
Lech Garlicki,
Vincent A. de Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 27 July 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Danuta Hoszowska, is a Polish national who was born in 1933 and lives in Kraków. She was represented before the Court by Mr K. Kozub-Ciembroniewicz, a lawyer practising in Kraków. The Polish Government (“the Government”) were represented by their Agent, Mr Jakub Wołąsiewicz of the Ministry of Foreign Affairs.
On 6 September 2010 the President of the Fourth Section of the Court decided to communicate under Article 6 § 1 of the Convention the applicant’s complaint concerning the length of the civil proceedings for division of real estate. The proceedings have been pending since 1997 before the first instance court.
THE LAW
On 11 March 2011 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, to Ms Danuta Hoszowska, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 20,000 (twenty thousand Polish zlotys) to cover any and all pecuniary and non-pecuniary damage and any and all costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be payable within three months from the date of notification of the decision 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 9 March 2011 the Court received the following declaration signed by the applicant:
“I, Konrad Kozub-Ciembroniewicz, note that the Government of Poland are prepared to pay to Ms Danuta Hoszowska, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 20,000 (twenty thousand Polish zlotys) to cover any and all pecuniary and non-pecuniary damage and any and all costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be payable within three months from the date of notification of the decision 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 to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). 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.
Fatoş AracıSverre Erik Jebens
Deputy RegistrarPresident
Full & Egal Universal Law Academy