FOURTH SECTION

DECISION

Application no. 14056/06 by Bo ż ena ANTKOWIAK against Poland

The European Court of Human Rights (Fourth Section), sitting on 22 April 2008 as a Chamber composed of:

Nicolas Bratza , President, Lech Garlicki , Giovanni Bonello , Ljiljana Mijović , Ján Šikuta , Päivi Hirvelä , Ledi Bianku , judges, and Lawrence Early, Section Registrar ,

Having regard to the above application lodged on 29 March 2006,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Boż ena Antkowiak , is a Polish national who was born in 1941 and lives in Pozna ń . The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affaires .

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

1. Main proceedings

On 11 January 1989 the applicant lodged with the Poznań District Court an application for the distribution of her parent ’ s estate .

On 6 January 1997 the Poznań District Court decided on the distribution of the estate . R.S., one of the parties to the proceedings, lodged an appeal against this decision.

On 6 May 1997 the Poznań Regional Court quashed the contested decision and remitted the case for reconsideration.

On 9 October 2001 the Poznań District Court ruled on the distribution of the estate for the second time. R.S. appealed against this decision.

On 25 October 2002 the Poznań Regional Court upheld the lower court ’ s decision. R.S. lodged a cassation appeal against this decision.

On 17 March 2004 the Supreme Court quashed both decisions and remitted the case to the first- instance court for reconsideration.

On 6 December 2005 the Poznań District Court decided on the distribution of the estate . This decision is final .

2. Proceedings concerning the applicant ’ s complaint about the excessive length of the proceedings

On 15 September 2005 the applicant lodged with the Poznań Regional Court a complaint under section 5 of the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time ( Ustawa o skardze na naruszenie prawa strony do rozpoznania sprawy w postępowaniu sądowym bez nieuzasadnionej zwłoki ) (“the 2004 Act”).

On 15 November 2005 the Poznań Regional Court dismissed the applicant ’ s complaint on the grounds that there was no undue delay in the proceedings between the date of entry into force of the 2004 Act on 17 September 2004 and the date of lodging the complaint by the applicant. The court stated that the proceedings during that period had in fact been conducted speedily.

COMPLAINTS

1. The applicant complained under Article 6 of the Convention about the length of the above-mentioned civil proceedings.

2. The applicant also complained under Article 6 about the outcome of these proceedings.

THE LAW

On 11 March 2008 the Court received the following declaration from the Government:

“ I, Jakub Wołąsiewicz , Agent of the Government before the ECHR , declare that the Government of Poland offer to pay 10,000 Polish zlotys to Ms Bożena Antkowiak 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. It 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 21 February 2008 the Court received the following declaration signed by the applicant:

“ I, Bożena Antkowiak , the applicant, note that the Government of Poland are prepared to pay me the sum of 10,000 PLN 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. It 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 discontinue the application of Article 29 § 3 and 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 .

Lawrence Early Nicolas Bratza Registrar President