FOURTH SECTION
DECISION
Application no. 37902/07
by Jerzy MAMCZAREK
against Poland
The European Court of Human Rights (Fourth Section), sitting on 13 October 2009 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
Ján Šikuta,
Mihai Poalelungi,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 27 August 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Jerzy Mamczarek, is a Polish national who was born in 1938 and lives in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 21 June 2001 the applicant’s employer, the Warsaw Medical Academy, imposed on him a disciplinary penalty of censure (upomnienie).
On 23 July 2001 the applicant lodged with the Warsaw District Court (Sąd Rejonowy) a civil claim against his employer in which he sought annulment of the disciplinary penalty, payment of supplements to his salary and compensation for pecuniary and non-pecuniary damage.
The first hearing was held on 9 July 2002. Afterwards hearings were held on 4 February and 9 July 2003. In 2004 the court held several hearings but they were adjourned.
The court held hearings on 10 June 2005 and 23 March 2006. Between these dates the case was transferred to another Regional Court in Warsaw due to the reorganisation of the courts; however that decision was later quashed.
On 25 January 2007 the Warsaw District Court gave a judgment. The court annulled the disciplinary penalty imposed on the applicant and dismissed the remainder of his action.
On 26 February 2007 the applicant appealed against the judgment.
On 2 May 2007 the applicant lodged a complaint about the unreasonable length of the proceedings in his case. He pointed to several delays on the part of the court, in particular long periods of inactivity between the hearings and the period during which the case had been transferred between the courts in Warsaw.
On 18 June 2007 the Warsaw Regional Court dismissed the applicant’s complaint under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time (Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki) (“the 2004 Act”). The court considered that although objectively the case had been examined for a long time there had been no delays.
On 15 May 2008 the Warsaw Regional Court allowed the applicant’s appeal, quashed the impugned judgment and remitted the case. The court pointed to a serious procedural shortcoming in that the District Court’s judgment contained two different versions of its reasons, both having been notified to the parties.
The proceedings are pending before the Warsaw District Court.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the unreasonable length of the civil proceedings in his case.
THE LAW
On 28 August 2009 the Court received the following declaration signed by the applicant:
“I, Jerzy Mamczarek, note that the Government of Poland are prepared to pay me the sum of PLN 18,800 (eighteen thousand eight hundred Polish zlotys) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, 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. 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.”
On 3 September 2009 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 PLN 18,800 (eighteen thousand eight hundred Polish zlotys) to Mr Jerzy Mamczarek with a view to securing a friendly settlement of the above‑mentioned case pending before the European Court of Human Rights.
This sum, 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 period plus three percentage points. The payment will constitute the 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.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy