FOURTH SECTION

DECISION

Application no. 1422/09 by Przemysł aw OSIŃSKI against Poland

The European Court of Human Rights (Fourth Section), sitting on 17 May 2011 as a Chamber composed of:

Nicolas Bratza , President, Lech Garlicki , Ljiljana Mijović , Sverre Erik Jebens , Päivi Hirvelä , Ledi Bianku , Zdravka Kalaydjieva , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 15 December 2008,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Przemysł aw Osiński , is a Polish national who was born in 1973 and lives in Warszawa. The Polish Government (“the Government”) were represented by their Agent, Mr Jakub Wołąsiewicz of the Ministry of Foreign Affairs.

On 7 October 2010 the President of the Fourth Section of the Court decided to communicate under Article 6 § 1 of the Convention the applicant ’ s complaint concerning the length of the criminal proceedings against him.

COMPLAINTS

1. The applicant complained under Article 6 § 1 of the Convention about the unreasonable length of the proceedings .

2. He further complained, invoking Article 13 of the Convention that he had no effective remedy in respect of the allegedly excessive length of the proceedings.

3. Lastly, the applicant alleged under Article 6 § 1 read in conjunction with Article 13 of the Convention that he had been deprived of his right to have his complaint under the 2004 Act examined by an impartial court.

THE LAW

On 1 March 2011 the Court received the following declaration from the Government:

“I, Jakub Wołą siewicz, Agent, declare that the Government of Poland offer to pay , to Mr Przemysław Osiński, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights , PLN 14,000 ( fourteen thousand Polish zlotys), 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 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 7 March 2011 the Court received the following declaration signed by the applicant:

“I, Przemysław Osiński , 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 14,000 (fourteen thousand Polish zlotys) , 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 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. ”

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.

FatoÅŸ Aracı Nicolas Bratza              Deputy Registrar President