FOURTH SECTION
DECISION
Application no. 46826/09
by Marcin ZIÓŁKOWSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 7 September 2010 as a Committee composed of:
David Thór Björgvinsson, President,
Päivi Hirvelä,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 7 March 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Marcin Ziółkowski, is a Polish national who was born in 1970 and lives in Warsaw. He was represented before the Court by Mrs A. Kondratowicz-Ziółkowska, a lawyer practising in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 7 July 2003 the applicant was charged with an offence of acting against the interests of a company. On 1 April 2004 the prosecution filed a bill of indictment with the Warsaw-Śródmieście District Court. It appears that the trial against the applicant is pending. On 9 September 2008 the Warsaw Regional Court found that the court proceedings had been unreasonably lengthy but refused to award any just satisfaction. The applicant complained under Articles 6 and 13 of the Convention. The complaint under Article 6 was communicated to the Government for observations.
On 1 July 2010 the Court received the following declaration from the Government:
“I, Jakub Wołąsiewicz, Agent of the Polish Government, declare that the Government of Poland offer to pay PLN 18,500 (eighteen thousand five hundred Polish zlotys) to Mr Marcin Ziółkowski 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.”
On 6 July 2010 the Court received the following declaration signed by the applicant's representative:
“I, Marcin Ziółkowski, note that the Government of Poland are prepared to pay the me the sum of PLN 18, 500 (eighteen thousand five hundred Polish zlotys) 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.
Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to this application. He declares that this constitutes a final resolution of the case.”
THE LAW
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