FIRST SECTION

DECISION

Application no. 2586/17 Andrzej PUCHALSKI against Poland

(s ee appended table)

The European Court of Human Rights (First Section), sitting on 2 0 May 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 application lodged on 12 December 2016 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant ’ s details are set out in the appended table.

The applicant was represented by Ms A. Bzdyń , a lawyer practising in Warsaw.

The applicant ’ s complaints under Articles 6 and 13 of the Convention were communicated to the Polish Government (“the Government”) . The complaints in question concerned restrictions on access to a court on account of a disproportionate amount of a court fee required of the applicant in the proceedings that ended with the Gdansk Court of Appeal ’ s decision of 5 May 2016.

The Court received the friendly-settlement declaration , signed by the parties, under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay this amount within the above ‑ mentioned three-month period, the Government undertake to pay simple interest on it, 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 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 the Protocols thereto 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 10 June 2021 .

             {signature_p_2}

Viktoriya Maradudina Alena Poláčková Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article s 6 and 13 of the Convention (access to Court)

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 declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

2586/17

12/12/2016

Andrzej PUCHALSKI

1962Bzdyń Agata

Warsaw

01/03/2021

26/02/2021

6,000

[1] Plus any tax that may be chargeable to the applicant.