FIRST SECTION

DECISION

Application no. 42212/15 J ó zef FEDOSIUK against Poland

(s ee appended table)

The European Court of Human Rights (First Section), sitting on 20 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 18 September 2015,

Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicant was represented by Mr M. Gr Ä… dzki , a lawyer practising in Gdynia.

The applicant ’ s complaint under Article 8 of the Convention, concerning the adverse impact of the urban nuisance on his rights to respect for his private life and for his home, were communicated to the Polish Government (“the Government”) .

The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.

The Government acknowledged the violation of the applicant ’ s right to respect for his private life and his home, within the meaning of Article 8 of the Convention . They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would 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 undertook 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 applicant informed the Court that he agreed to the terms of the declaration.

THE LAW

The Court finds that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case 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 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 Arti c le 8 of the Convention (Environment problems)

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 household

(in PLN) [1]

42212/15

18/09/2015

Józef FEDOSIUK

1956GrÄ…dzki Marek

Gdynia

21/01/2021

14/04/2021

20,000

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