FIRST SECTION
DECISION
Application no. 10386/22
Barbara PIÓRKOWSKA against Poland
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 28 September 2023 as a Committee composed of:
Lətif Hüseynov, President,
Krzysztof Wojtyczek,
Ivana Jelić, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.
The Government acknowledged the excessive length of civil proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the 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 cases.
The applicants informed the Court that they agreed to the terms of the declarations.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases 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 the Protocols thereto and finds no reasons to justify the continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 19 October 2023.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of civil proceedings and lack of any effective remedy in domestic law)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of applicant’s acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
10386/22
14/02/2022
Barbara PIÓRKOWSKA
1953
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,090
10390/22
14/02/2022
Marek PARZYSZEK
1953
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,090
10780/22
14/02/2022
Mirosław MAJ
1957
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,520
10786/22
14/02/2022
Ireneusz SZCZEPANOWSKI
1957
Metelska Justyna
Warsaw
02/06/2023
19/07/2023
1,610
10834/22
14/02/2022
Marek KRYSIAK
1954
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,520
10882/22
14/02/2022
Bogdan BOGACKI
1954
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,040
12899/22
25/02/2022
Ryszard KOS
1949
Kaczyński Jarosław
Warsaw
02/06/2023
19/07/2023
2,520
13844/22
22/02/2022
Bożenna SZUMSKA
1948
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,520
15616/22
11/03/2022
Wiesław SOKÓŁ
1950
Kaczyński Jarosław
Warsaw
02/06/2023
13/07/2023
2,520
24965/22
09/05/2022
Krzysztof WOŹNIAK
1962
Gąsiorowska Monika Małgorzata
Warsaw
02/06/2023
10/07/2023
2,520
[1] Plus any tax that may be chargeable to the applicants.