FOURTH SECTION
DECISION
Application no. 38726/09
by Agnieszka WINIARSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 10 January 2012 as a Committee composed of:
David Thór Björgvinsson, President,
Nebojša Vučinić,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 29 June 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Ms Agnieszka Winiarska, is a Polish national who was born in 1971 and lives in Świnoujście. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings which had commenced on 23 August 2000 and had ended on 16 June 2011. Under the same provision and also under Article 13 of the Convention, she moreover complained that she had been denied effective access to a court, in that her legal-aid counsel had informed her about his refusal to draw up a cassation appeal on her behalf only after the expiry of the time-limit for lodging such a cassation appeal. She also alleged a violation of her right to a fair hearing by an impartial tribunal as well as violations of Articles 13 and 14 of the Convention.
THE LAW
On 22 September 2011 the Court received the following declaration signed by the applicant:
“I, Agnieszka Winiarska, note that the Government of Poland are prepared to pay me, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 9,000 (nine thousand Polish zlotys) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to me.
This sum will be payable within three months from the date of notification of the decision 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 7 November 2011 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, to Ms Agnieszka Winiarska, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 9,000 (nine thousand Polish zlotys) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.
This sum will be payable within three months from the date of notification of the decision 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.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy