FIRST SECTION

DECISION

Application no. 34449/16 Norbert JAWORSKI against Poland

The European Court of Human Rights (First Section), sitting on 3 April 2018 as a Committee composed of:

Aleš Pejchal, President, Krzysztof Wojtyczek, Jovan Ilievski, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 2 June 2016,

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 Norbert Jaworski, is a Polish national, who was born in 1974 and lives in Cracow.

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

3. The applicant complained under Article 5 §§ 1 and 4 of the Convention about his placement in a social care home and the procedure for challenging the lawfulness of his detention.

4. On 29 January and 13 February 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 20,000 Polish zlotys to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. 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

5. 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 26 April 2018 .

             Renata Degener AleÅ¡ Pejchal              Deputy Registrar President