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WYSOCKI AND OTHERS v. POLAND
Doc ref: 71888/10;38519/14;49717/14;35920/15;51475/16;61049/17;24086/18 • ECHR ID: 001-194985
Document date: July 2, 2019
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WYSOCKI AND OTHERS v. POLAND
Doc ref: 71888/10;38519/14;49717/14;35920/15;51475/16;61049/17;24086/18 • ECHR ID: 001-194985
Document date: July 2, 2019
Cited paragraphs only
FIRST SECTION
DECISION
Application no. 71888/10 Jerzy WYSOCKI against Poland and 6 other applications (see list appended)
The European Court of Human Rights (First Section), sitting on 2 Ju ly 2019 as a Committee composed of:
Armen Harutyunyan, President, Krzysztof Wojtyczek, Pere Pastor Vilanova, judges,
and Renata Degener, Deputy Section Registrar ,
Having regard to the above applications lodged on the various dates indicated in the appended table ,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Polish Government (“the Government”) were represented by their Agent, Ms J. Chrzanowska and subsequently Mr J. Sobczak, of the Ministry of Foreign Affairs.
3. The applicants complained under Articles 6 and 13 of the Convention of the unreasonable length of administrative proceedings in their cases and of an ineffective remedy in that respect.
4. On the dates set out in the appendix the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Poland in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the sums detailed in the appended table. These sums will be converted into Polish zlotys at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these sums within the said 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 LAW
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
6. 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 applications. 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 25 July 2019 .
Renata Degener Armen Harutyunyan Registrar President
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of Birth
Place of Residence
Date of the applicant ’ s friendly-settlement
declaration
Date of the Government ’ s friendly-settlement
declaration
Friendly settlement
1.
71888/10
25/11/2010
Jerzy WYSOCKI
30/06/1948
Oborniki ÅšlÄ…skie
25/02/2019
23/05/2019
EUR 3,900
2.
38519/14
15/05/2014
Aleksander FRANKIEWICZ
06/11/1938
Wroc Å‚ aw
Represented by:
Filip Nowakowski
19/02/2019
24/05/2019
EUR 8,800
3.
49717/14
27/06/2014
Anna BULEJ-AROMIŃSKA
22/10/1960
Warsaw
14/03/2019
23/05/2019
EUR 6,800
4.
35920/15
14/07/2015
Aleksander UNGEHEUER
19/07/1930
Rzeszów
20/03/19
23/05/2019
EUR 7,800
5.
51475/16
26/08/2016
Bogusława STRUG
17/12/1961
Lud ź mierz
Stanisław Janusz STRUG
06/05/1960
Lud ź mierz
4/03/2019
23/05/2019
EUR 7,800
EUR 7,800
6.
61049/17
09/08/2017
Ewa POLZ
23/12/1954
Piotr POLZ
24/02/1955
Warsaw
20/02/2019
24/05/2019
EUR 6,800
7.
24086/18
11/05/2018
Ewa POLZ
23/12/1954
Piotr POLZ
24/02/1955
Warsaw
20/02/2019
24/05/2019
EUR 6,800
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