FOURTH SECTION
DECISION
Application no. 67408/11
Małgorzata WITKOWSKA
against Poland
The European Court of Human Rights (Fourth Section), sitting on 25 August 2015 as a Committee composed of:
Ledi Bianku, President,
Paul Mahoney,
Krzysztof Wojtyczek, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 11 October 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Ms Małgorzata Witkowska, is a Polish national, who was born in 1958 and lives in Kraków.
The Polish Government (“the Government”) were represented by their Agent, Mrs Justyna Chrzanowska, of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about an alleged denial of an effective access to court as a result of being informed of the legal aid lawyer’s refusal to prepare and to lodge a cassation appeal after the expiry of the time limit for doing so.
THE LAW
On 28 April 2015 the Court received the following declaration from the Government:
“I, Justyna Chrzanowska, Agent of the Government, declare that the Government of Poland offer to pay to Małgorzata Witkowska, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, PLN 8,000 (eight 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 taken by the Court to strike the case out of its list of cases. 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 19 May 2015 the Court received the following declaration signed by the applicant:
“I, Małgorzata Witkowska, 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 8,000 (eight 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 taken by the Court to strike the case out of its list of cases. 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 these applications. 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. 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 17 September 2015.
Fatoş AracıLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy