FOURTH SECTION
DECISION
Application no. 45032/06
by Janusz WALDER
against Poland
The European Court of Human Rights (Fourth Section), sitting on 26 June 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrG. Bonello,
MrK. Traja,
MrL. Garlicki,
MsL. Mijović,
MrJ. Šikuta,
MrsP. Hirvelä, judges,
and Mr T.L. Early, Section Registrar,
Having regard to the above application lodged on 3 November 2006,
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, Mr Janusz Walder, is a Polish national who was born in 1954 and lives in Gdynia. He was represented before the Court by Mr A. Stankiewicz, a lawyer practising in Gdańsk. The respondent Government are represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
A. The circumstances of the case
The facts of the case, as submitted by the parties, may be summarised as follows.The main proceedings
On 21 March 2001 the applicant filed a notification of fraud committed by his employee. An investigation into the allegations was instituted on the same day.
On 3 July 2001 the applicant filed a civil claim for damages in the framework of the criminal proceedings instituted against the defendant.
The bill of indictment was lodged with the Gdynia District Court on 28 December 2001.
In July and August 2002 the applicant complained to the President of the Gdynia District Court about the undue length of the proceedings. In his reply, the President stated that the prolongation had been caused by the court’s lack of staff and financial difficulties.
On 26 July 2006 the judgment in the case was delivered by the first-instance court. Apparently the judgment is final.The proceedings under the 2004 Act
On 22 March 2006 the applicant lodged a complaint under 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”).
On 8 May 2006 the Gdańsk Regional Court dismissed the applicant’s complaint, having examined only the conduct of the proceedings after the date on which the 2004 Act came into force and having found no delays for which the relevant court could be held responsible.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the excessive length of the proceedings.
THE LAW
On 11 January 2007 the Court decided to communicate the complaint to the Government.
On 13 March 2007 the Court received the following declaration signed by the applicant:
“I, Janusz Walder, the applicant, note that the Government of Poland are prepared to pay me the sum of 9,800 PLN 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 and 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 of this application. I declare that this constitutes a final resolution of the case.”
On 31 May 2007 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 9,800 PLN to Mr Janusz Walder 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 and 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 agreement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).
Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
T.L. EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy