FOURTH SECTION
DECISION
Application no. 15652/03
by Teresa SAJ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 6 May 2008 as a Chamber composed of:
Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Mihai Poalelungi, judges,
Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 30 April 2003,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Teresa Saj, is a Polish citizen born in 1950 and residing in Słupsk. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foregin Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
On an unspecified date the applicant filed a request for a disability pension with the Social Insurance Authority. Her request was dismissed.
On an unspecified later date, the applicant appealed to the Koszalin Regional Court. She claimed that not all of the circumstances of the case had been properly examined by the social insurance authority.
By a judgment of 28 February 2002 the Regional Court dismissed the appeal. The applicant appealed.
By a judgment of 9 April 2002, the Gdańsk Appeal Court upheld the judgment of the first‑instance court.
On 15 April 2002 the applicant filed a request to be served with the written grounds of the judgment. The written grounds were subsequently served on her on 20 August 2002.
On an unspecified date the applicant requested the court to grant her the assistance of a legal‑aid lawyer for the purpose of lodging a cassation appeal. The request was allowed by a decision of 23 September 2002. By a letter of the same date the court informed the Gdańsk Bar of its decision and requested it to assign a lawyer to represent the applicant. It also stated that the time‑limit for the submission of a cassation appeal had expired on 19 September 2002.
By a decision of 26 September 2002 the Gdańsk Bar Association assigned a lawyer to the applicant’s case and informed the applicant of this. Apparently another lawyer was later assigned to the case. By a letter to the Bar Association of 30 September 2002 the lawyer stated that he refused to prepare a cassation appeal, finding no grounds on which to do so. By a letter of 1 October 2002 the Bar Association informed the applicant about the lawyer’s refusal.
By a letter of 10 October 2002 the lawyer informed the applicant that he had not found any grounds on which to prepare a cassation appeal in her case. The applicant requested the lawyer to review the case file. By a letter of 15 October 2002 he confirmed that he had not found any grounds on which to prepare a cassation appeal.
By a letter of 13 March 2003, in reply to the applicant’s complaint, the court informed her that there were no grounds on which to assign another legal-aid lawyer to the case. The court reiterated that the time‑limit for lodging a cassation appeal in the present case had expired on 20 September 2002.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention that she was denied an effective access to a court since a cassation appeal had not been prepared and lodged with the Supreme Court.
THE LAW
On 25 February 2008 the Court received the following declaration from the Government:
“I declare that the Government of Poland offer to pay PLN 14,000 (fourteen thousand Polish zlotys) to Ms Teresa SAJ, 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.”
On 14 April 2008 the Court received the following declaration signed by the applicant:
“I, Teresa SAJ, note that the Government of Poland are prepared to pay me the sum of PLN 14,000 (fourteen thousand 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.”
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 discontinue the application of Article 29 § 3 of the Convention and 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.
Fatoş AracıNicolas Bratza
Deputy RegistrarPresident
Full & Egal Universal Law Academy