FOURTH SECTION

DECISION

Application s no s . 44400/13, 45295/13, 50822/13 Piotr KOZŁOWSKI against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 22 September 2015 as a C ommittee composed of:

Päivi Hirvelä , President, Krzysztof Wojtyczek , Yonko Grozev , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application s lodged on 5 July, 2 July and 12 July 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Piotr Kozłowski , is a Polish national, who was born in 1961 and lives in Spała .

The Polish Government (“the Government”) wer e represented by their Agent, Ms Justyna Chrzanowska , of the Ministry of Foreign Affairs.

The applicant complain s under Article 6 of the Convention about lack of effective access to court during three different sets of administrative proceedings .

THE LAW

On 27 January 2015 the Court received the following declaration signed by the applicant:

“ I, Piotr Kozłowski , note that the Government of Poland are prepared to pay me, with a view to securing a friendly settlement of the above-mentioned cases pending before the European Court of Human Rights, PLN 24,000 (twenty four thousand Polish zlotys) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to me.

This sum will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to these applications. I declare that this constitutes a final resolution of the cases. ”

On 28 April 2015 the Court received the following declaration from the Government:

“ I, Justyna Chrzanowska , Agent of the Government, declare that the Government of Poland offer to pay to Piotr Kozłowski , with a view to securing a friendly settlement of the above-mentioned cases pending before the European Court of Human Rights, PLN 24,000 (twenty four thousand Polish zlotys) to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicants .

This sum will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on them, 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. The payment will constitute the final resolution of the cases. ”

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 join the applications;

Decides to strike the application s out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 15 October 2015 .

Fatoş Aracı Päivi Hirvelä Deputy Registrar President