FOURTH SECTION
DECISION
Application no. 40175/04
Andrzej KIPA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 9 July 2013 as a Committee composed of:
Päivi Hirvelä, President,
Zdravka Kalaydjieva,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 28 October 2004,
Having regard to the declaration submitted by the respondent Government on 30 April 2013 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Andrzej Kipa, is a Polish national, who was born in 1954 and lives in Strzyżów.
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 1 of Protocol No. 1 to the Convention about the reopening of the social security proceedings which had resulted in the revocation of his right to the EWK pension.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 30 April 2013, the Government informed the Court that they proposed to make a declaration with a view to resolving the issue raised by the application.
The declaration provided as follows:
“(...) the Government hereby wish to express – by way of the unilateral declaration – their acknowledgement of the violation of Article 1 of Protocol No. 1 to the Convention stemming from the sudden revocation of the applicant’s EWK pension which placed an excessive burden on the applicant incompatible with that provision.
Consequently, the Government are prepared to pay to the applicant the sum of EUR 8,000 (eight thousand euros) which they consider to be reasonable in the light of the Court’s case law. The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 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 periods plus three percentage points. (...)”
On 4 June 2013 the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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 pursuant to Article 39 of the Convention.
Fatoş AracıPäivi Hirvelä
Deputy RegistrarPresident
Full & Egal Universal Law Academy