FIRST SECTION
DECISION
Application no. 47812/17
Artur Bernard SŁAMA against Poland
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 11 March 2021 as a Committee composed of:
Alena Poláčková, President,
Péter Paczolay,
Gilberto Felici, 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 of the Convention about the excessive length of proceedings in their cases and under Article 13 of the Convention about the lack of, or insufficient, redress for the excessive length of proceedings granted to them by the national court were communicated to the Polish Government (“the Government”).
The Government submitted declarations with a view to resolving the issues raised by these complaints. They acknowledged a violation of Article 6 § 1 of the Convention on account of the excessive length of proceedings and a violation of Article 13 of the Convention on account of the lack of an effective remedy in domestic law in this regard. 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 payable within three months from the date of notification of the Court’s decision. In the event of a 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 1 April 2021.
Viktoriya MaradudinaAlena Poláčková
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of civil and criminal proceedings and the lack of an 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/household
(in Polish Zloty PLN)[1]
47812/17
22/06/2017
Artur Bernard SŁAMA
1980
26/06/2020
05/01/2021
13,840
54892/17
20/07/2017
Marek Krzysztof RÓŻYCKI
1985
26/06/2020
07/10/2020
7,360
61076/17
21/07/2017
Household
Maria GARDYNA
1955
Tadeusz GARDYNA
1950
Waliduda Sławomir
Wrocław
26/06/2020
16/10/2020
6,480
72912/17
21/09/2017
Marcin BŁESZNOWSKI
1991
25/06/2020
05/10/2020
7,800
73513/17
10/11/2017
Tomasz CZARNOWSKI
1987
26/06/2020
20/10/2020
9,980
703/18
13/12/2017
Danuta KESLER
1929
Kuligowski Bartosz
Warszawa
25/06/2020
23/09/2020
7,640
961/18
14/12/2017
Adrian Tomasz RÓŻECKI
1979
25/06/2020
12/10/2020
12,110
2332/18
03/01/2018
Wiesław Zbigniew SIERGIEJ
1963
25/06/2020
18/08/2020
17,790
6675/18
28/12/2017
Daniel ŁYŻWIŃSKI
1988
Serwińska Natalia
Warszawa
25/06/2020
08/10/2020
14,460
7343/18
10/01/2018
Robert ZIARNIK
1966
25/06/2020
12/10/2020
19,840
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy