FOURTH SECTION
DECISION
Application no. 55204/00
by Anna LEWANDOWSKA
against Poland
The European Court of Human Rights, sitting on 27 November 2001 as a Chamber composed of
SirNicolas Bratza, President,
MrsE. Palm,
MrJ. Makarczyk,
MrsV. Strážnická,
MrM. Fischbach,
MrJ. Casadevall,
MrR. Maruste, judges,
and Mr M. O’Boyle, Section Registrar,
Having regard to the above application lodged with the Court on 20 August 1999 and registered on 29 February 2000,
Having regard to the written submissions of the parties,
Having deliberated, decides as follows:
THE FACTS
The applicant, Anna Lewandowska, is a Polish national, who was born in 1944 and lives in Gdańsk, 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.
In August 1991 the applicant filed with the Gdańsk District Court (Sąd Rejonowy) an application for division of the joint matrimonial property acquired together with her former husband before they had divorced on 11 July 1991. The court held a hearing on an unknown date in January 1997. On 17 July and 15 October 1997 the applicant requested that the court expedite the proceedings.
At the hearing held on 20 April 1999 the parties reached a friendly settlement of the case. Consequently, on 23 April 1999 the court discontinued the proceedings. The applicant’s husband appealed against the decision to discontinue the proceedings. He claimed that his declaration of will of 20 April 1999 in respect of the settlement of the case had been null and void. On 23 June 1999 the court dismissed the appeal. On 5 July 1999 the court quashed its decision of 23 June 1999.
On 27 October 1999 the Gdańsk Regional Court (Sąd Okręgowy) set aside the decision of the District Court of 23 April 1999 and remitted the case.
On 28 July 2000 the District Court ordered a psychiatrist report concerning the state of the applicant’s husband at the date of the settlement. In a report of 22 September 2000 the expert concluded that on 20 April 1999 the applicant’s husband had not been in a state precluding him from making a conscious and free declaration of will. On 13 December 2000 the court held a hearing and heard the expert. The next hearing was listed for 23 February 2001. It appears that the proceedings are pending before the Gdańsk District Court.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings.
THE LAW
On 3 July 2001 the Court decided to communicate the application to the respondent Government.
On 26 September 2001 the Court received the following declaration from the respondent Government:
“I declare that the Government of the Republic of Poland offer to pay to Mrs Anna LEWANDOWSKA the sum of PLN 10,000 (ten thousand) with a view to securing a friendly settlement of the application no. 55204/00 lodged with the European Court of Human Rights. This sum shall cover any pecuniary and non-pecuniary damage, as well as costs, related to the said application, and it will be payable after signing the declarations by the parties concerned, however not later than 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 pending before the European Court of Human Rights in Strasbourg.
I declare at the same time that the offer of the above-mentioned amount has been made in connection with the duration of proceedings in the applicant’s case before the organs of the Polish administration of justice”
On 26 September 2001 the Court received the following declaration signed by the applicant:
“I note that the Government of the Republic of Poland are prepared to pay to me the sum of PLN 10,000 (ten thousand) covering both pecuniary and non-pecuniary damage as well as costs with a view to securing a friendly settlement of the application no. 55204/00 pending before the European Court of Human Rights. This payment will constitute the final resolution of the case pending before the European Court of Human Rights”
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