FIRST SECTION

DECISION

Application no. 36775/14 Zofia SIŁKOWSKA against Poland

The European Court of Human Rights (First Section), sitting on 26 May 2020 as a Committee composed of:

Linos-Alexandre Sicilianos, President, Krzysztof Wojtyczek, Armen Harutyunyan, judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 28 April 2014,

Having regard to the declaration submitted by the respondent Government on 19 December 2019 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 . The applicant, Ms Zofia Siłkowska, is a Polish national, who was born in 1950 and lives in Wadowice. She was represented before the Court by Mr T. Bacewicz, a lawyer practising in Cracow.

2 . The Polish Government (“the Government”) were represented by their Agent, Mr J. Sobczak, of the Ministry of Foreign Affairs.

3 . The application concerned civil proceedings initiated against the applicant under section 35 of the Local Referendum Act which provided for a summary procedure for adjudicating disputes arising in a referendum campaign. The applicant complained under Article 6 of the Convention that she had been deprived of her right to a fair trial due to the short time-limits to appoint a lawyer to represent her, to prepare for a hearing before the first ‑ instance court and to lodge an appeal against a decision issued in her case. She further complained under Article 10 of the Convention that the domestic decisions ordering her to publish a retraction from statements made during a referendum campaign constituted an unjustified and disproportionate interference with her freedom to impart information and opinions.

4 . The application was communicated to the Government.

5 . After unsuccessful friendly-settlement negotiations, by a letter dated 19 December 2019 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application. The Government expressed their acknowledgment of the violation of the applicant ’ s right to a fair trial as well as the violation of her freedom of expression in breach of Article 6 and Article 10 of the Convention. They undertook to pay to the applicant 3,000 euros (three thousand euros) to cover any and all pecuniary and non ‑ pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. This sum will be converted into Polish zlotys at the rate applicable at the date of the payment and will be payable within three months from the date of notification of the decision taken by the Court to strike out the case of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertook 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. They further requested the Court to strike out the application.

6 . On 3 February 2020, the Court received a letter from the applicant informing the Court that she had agreed to the terms of the Government ’ s declaration.

THE LAW

7 . 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.

8 . 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 its Protocols and finds no reasons to justify a continued examination of the application.

9 . 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 18 June 2020 .

Renata Degener Linos-Alexandre Sicilianos Deputy Registrar President