FIRST SECTION
DECISION
Application no. 37085/22
Marek LIPIŃSKI
against Poland
(see appended table)
The European Court of Human Rights (First Section), sitting on 18 April 2024 as a Committee composed of:
Péter Paczolay, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 20 September 2022,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr D. Cupiał, a lawyer practising in Warsaw.
The applicant’s complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of criminal proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”) on 17 May 2023.
Subsequently, the applicant’s lawyer informed the Court that the matter raised in the application had already been resolved in application no. 26912/22, lodged by the same applicant.
The Court notes that in the latter case the Court on 18 January 2024 found a violation of Article 6 § 1 and Article 13 of the Convention as regards the excessive length of the same set of the criminal proceedings and lack of an effective domestic remedy to complain about it. The Court ordered just satisfaction to be paid to the applicant under Article 41 of the Convention.
THE LAW
In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 16 May 2024.
Viktoriya Maradudina Péter Paczolay
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of criminal proceedings and lack of any effective remedy in domestic law)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
37085/22
20/09/2022
Marek LIPIŃSKI
1978
Cupiał Dawid
Warsaw