FIRST SECTION

DECISION

Application no. 30822/12 Eugeniusz DAWIDOWSKI against Poland

The European Court of Human Rights (First Section), sitting on 23 October 2018 as a Committee composed of:

Ksenija Turković , President, Krzysztof Wojtyczek , Armen Harutyunyan, judges, and Abel Campos , Section Registrar ,

Having regard to the above application lodged on 28 April 2012,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicant, Mr Eugeniusz Dawidowski , is a Polish national, who was born in 1950 and lives in Krajenka . He was represented before the Court by Mr K. Sobczak , a lawyer practising in Szczecin.

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

3. The applicant complained under Article 6 of the Convention about the second-instance court ’ s excessive formalism with regard to the burden of proof and under Article 1 of Protocol No. 1 to the Convention about the dismissal of his compensation claim for non ‑ contractual use of his land by an electricity utility company.

4. On 20 September 2018 and 27 September 2018 the Court received friendly settlement declarations 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 against an undertaking by the Government to pay him 34,448 (thirty-four thousand four hundred forty ‑ eight) Polish zlotys to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken by the Court.

5. 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 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

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 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 15 November 2018 .

Abel Campos Ksenija Turković Registrar President