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SANDOMIERSKA AND OTHERS v. POLAND
Doc ref: 15549/17;21798/17;44148/17;77902/17;82751/17;34345/18;50481/18;50483/18;6337/19;17564/19 • ECHR ID: 001-207577
Document date: December 3, 2020
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SANDOMIERSKA AND OTHERS v. POLAND
Doc ref: 15549/17;21798/17;44148/17;77902/17;82751/17;34345/18;50481/18;50483/18;6337/19;17564/19 • ECHR ID: 001-207577
Document date: December 3, 2020
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 15549/17 Zuzanna SANDOMIERSKA against Poland and 9 other applications
(s ee appended table)
The European Court of Human Rights (First Section), sitting on 3 December 2020 as a Committee composed of:
Linos-Alexandre Sicilianos, President, Krzysztof Wojtyczek, Erik Wennerström , judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application s lodged on the various dates indicated in the appended table,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicant s ’ replies to these declarations,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s and their representatives is set out in the appended table.
The applicants ’ complaints under Article 6 § 1 of the Convention about the excessive length of proceedings in their cases and under Article 13 of the Convention about the lack of, or insufficient, redress for the excessive length of proceedings granted to them by the national court were communicated to the Polish Government (“the Government”) .
The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application s .
In each case the Government acknowledged a violation of Article 6 § 1 on account of the excessive length of proceedings and a violation of Article 13 on account of the lack of an effective remedy. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount s would be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them , 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 cases .
The applicants informed the Court that they agreed to the terms of the declaration s .
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision .
The Court finds that, following the applicants ’ express agreement to the terms of the declaration made by the Government, the case s 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 s .
In view of the above, it is appropriate to strike the case s out of the list .
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 14 January 2021 .
Liv Tigerstedt Linos-Alexandre Sicilianos Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention (excessive length of civil proceedings and the lack of an effective remedy in domestic law)
No.
Application no. Date of introduction
Applicant ’ s name
Year of birth /
Year of registration
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
(in Polish ZÅ‚oty [PLN]) [1]
15549/17
17/02/2017
Zuzanna SANDOMIERSKA
1948Trzaska Karol
Wołomin
17/06/2020
27/07/2020
30,580
21798/17
16/03/2017
Grzegorz PAWELCZYK
1970
17/06/2020
07/08/2020
6,240
44148/17
13/06/2017
Dariusz SKOWERSKI
1955Podsiadło Piotr
Dąbrowa Górnicza
17/06/2020
03/08/2020
18,530
77902/17
03/11/2017
Monika MACHNIO
1974
17/06/2020
31/07/2020
15,440
82751/17
28/11/2017
Paweł Andrzej SKWAREK
1982
17/06/2020
24/07/2020
9,360
34345/18
03/07/2018
WYTWÓRNIA PASZ LIRA SP. Z O.O.
2003Karcz Piotr
Åšrem
17/06/2020
03/08/2020
18,350
50481/18
15/10/2018
Marta JAGODZIŃSKA
1939
17/06/2020
30/07/2020
37,790
50483/18
15/10/2018
Zdzisław JAGODZIŃSKI
1940
17/06/2020
30/07/2020
37,790
6337/19
21/01/2019
Artur Krzysztof STUDZIŃSKI
1973Żwawiak Magdalena Maria
Szamotuły
17/06/2020
27/07/2020
15,600
17564/19
25/03/2019
Grażyna Anna ŚWIĘTASZCZYK
1954
17/06/2020
29/07/2020
6,240
[1] Plus any tax that may be chargeable to the applicants.
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