FOURTH SECTION

DECISION

Application no . 20433/15 Róża KROTLA and Andrzej ROJOWSKI against Poland

The European Court of Human Rights (Fourth Section), sitting on 4 April 2017 as a Committee composed of:

Nona Tsotsoria, President, Krzysztof Wojtyczek, Marko Bošnjak, judges,

and Andrea Tamietti, Deputy Section Registrar ,

Having regard to the above application lodged on 21 April 2015,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1. The applicants, Ms Róża Krotla and Mr Andrzej Rojowski, are Polish nationals, who were born in 1934 and 1927 respectively and live in Sosnowiec and Katowice. They were represented before the Court by Mr J. Forystek, a lawyer practising in Cracow.

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

3. The applicants complained about the length of administrative proceedings and about the lack of an effective remedy in this respect. The complaints were communicated under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention.

4. On 9 February 2017 and 10 February 2017 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 this application against an undertaking by the Government to pay t o each applicant 25,000 (twenty- five thousand) 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 4 May 2017 .

Andrea Tamietti Nona Tsotsoria              Deputy Registrar President