FIRST SECTION
DECISION
Application no. 80907/12
Marcin ZALEWSKI against Poland
and 9 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 4 February 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 further requested the Court to strike out the applications.
The Government acknowledged a violation of Article 6 § 1 on account of the excessive length of proceedings and a violation of Article 13 on account of the lack of an effective remedy in domestic law. 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 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 25 February 2021.
{signature_p_2}
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 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
(in Polish Zloty PLN)[1]
80907/12
21/11/2012
Marcin ZALEWSKI
1980
25/09/2020
27/11/2020
7,566
45001/18
17/09/2018
Krzysztof Zdzisław FELIKSIK
1971
26/06/2020
06/10/2020
4,240
46485/18
17/09/2018
Hanna ZĄBCZYK
1956
26/06/2020
10/09/2020
5,680
47758/18
06/11/2018
Leszek PODHORODECKI
1964
26/06/2020
23/09/2020
6,040
2525/19
21/12/2018
Rafał MADEJ
1991
Gąsiorowska Monika Małgorzata
Warszawa
17/06/2020
30/07/2020
14,930
3092/19
21/12/2018
Radosław LISZEWSKI
1989
Gąsiorowska Monika Małgorzata
Warszawa
17/06/2020
30/07/2020
14,930
3599/19
09/01/2019
Leszek Andrzej PASZKE
1967
17/06/2020
09/09/2020
15,000
4381/19
08/01/2019
Gerard JENDRECKI
1975
17/06/2020
22/07/2020
20,980
8411/19
17/01/2019
Piotr Bogdan KOTOWICZ
1968
26/06/2020
07/10/2020
5,300
10990/19
18/02/2019
Artur ROJECKI
1987
26/06/2020
24/09/2020
8,980
[1] Plus any tax that may be chargeable to the applicants.
Full & Egal Universal Law Academy