FOURTH SECTION
DECISION
Application no. 62556/09
Aldona KOZŁOWSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 27 November 2012 as a Committee composed of:
David Thór Björgvinsson, President,
Zdravka Kalaydjieva,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 24 November 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Ms Aldona Kozłowska, is a Polish national, who was born in 1966 and lives in Katowice. She was represented before the Court by Mr R. Kałkusiński, a lawyer practising in Warsaw.
The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, succeeded by Ms J. Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings which commenced on 28 January 1994 and ended on 20 April 2009.
THE LAW
On 16 February 2012 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 Ms Aldona Kozłowska, 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 as well as 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 17 February 2012 the Court received the following declaration signed by the applicant’s representative:
“I, Rafał Kałkusiński, note that the Government of Poland are prepared to pay Ms Aldona Kozłowska, 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 as well as 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.
Having consulted my client, I would inform you that she accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to this application. She declares 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. 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.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy