FOURTH SECTION

DECISION

Application no . 922/07 Graż yna MAŚLANKA against Poland

The European Court of Human Rights ( Fourth Section ), sitting on 25 March 2014 as a Committee composed of:

Nona Tsotsoria, President,

Paul Mahoney,

Krzysztof Wojtyczek, judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 24 N ovember 2006,

Having regard to the declaration submitted by the respondent Government on 31 December 2013 requesting the Court to strike the application out of the list of cases and the applicant ’ s reply to that declaration,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Gra ż yna Maślanka , is a Polish national, who was born in 1954 and lives in Żołynia .

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wo łą siewicz, succeeded by Mrs J. Chrzanowska, of the Ministry of Foreign Affairs.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 29 January 1998 the Social Security Board ( Zak Å‚ ad Ubezpiecze Å„ Spo Å‚ ecznych – “the SSB”) granted the applicant the right to an early ‑ retiremenet pension for persons raising children who required constant care (the so-called “EWK” pension) in the net amount of around 727 Polish zlotys (PLN), with effect from 1 January 1995.

On 20 May 2005 the SSB reopened the proceedings, revoked the original decision granting a pension and eventually refused to award the applicant the right to the EWK pension. The payment of pension was discontinued from 1 June 2005.

The applicant appealed against the respective decision divesting her of the right to an early-retirement pension. On 16 November 2005 the Rzeszów Regional Court (S ą d Okr ę gowy) dismissed her appeal.

The applicant appealed against this judgment. On 25 January 2006 the Rzeszów Court of Appeal (S ą d Apelacyjny) again dismissed her appeal.

The applicant ’ s cassation appeal was rejected on formal grounds on 7 April 2006.

COMPLAINTS

The applicant complained under Articles 6, 8 and 14 of the Convention and under Article 1 of Protocol No. 1 to the Convention about the reopening of the social security proceedings which had resulted in the revocation of her right to the EWK pension.

THE LAW

In the instant case the gist of the applicant ’ s complaints is that the decision to divest her of her early-retirement pension amounted to an unjustified deprivation of property. Consequently, the complaint falls to be examined under Article 1 of Protocol No. 1 to the Convention, which reads as follows:

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.”

After the failure of attempts to reach a friendly settlement, by a letter of 31 December 2013 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.

The declaration provided as follows:

“(...) the Government hereby wish to express – by way of the unilateral declaration ‑ their acknowledgement of the violation of Article 1 of Protocol No. 1 to the Convention stemming from the sudden revocation of the applicant ’ s EWK pension which placed an excessive burden on the applicant incompatible with that provision.

Consequently, the Government are prepared to pay to the applicant the sum of EUR 8 , 0 00 ( eight thousand euro s ) which they consider to be reasonable in the light of the Court ’ s case law. The sum referred to above, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default periods plus three percentage points.

The Government would respectfully suggest that the above declaration might be accepted by the Court as ‘ any other reason ’ justifying the striking out of the case of the Court ’ s list of cases, as referred to in Article 37 § 1 (c) of the Convention (...) . ”

By a letter of 3 February 2014, the applicant expressed the view that the sum mentioned in the Government ’ s declaration was unacceptably low.

The Court recalls that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:

“for any other reason established by the Court, it is no longer justified to continue the examination of the application” .

It also recalls that in certain circumstances, it may strike out an application under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.

To this end, the Court examined carefully the declaration in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment ( Tahsin Acar v. Turkey [GC], no. 26307/95, §§ 75–77, ECHR 2003-VI; WAZA Spółka z o.o. v. Poland ( dec.), no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.), no. 28953/03).

The Court has established in a number of cases brought against Poland its practice concerning complaints under Article 1 of Protocol No. 1 to the Convention about the reopening of the social security proceedings which had resulted in the revocation of the applicant ’ s right to the so called “EWK” pension (see, among other examples, Moskal v. Poland , no. 10373/05, 15 September 2009; Antoni Lewandowski v. Poland , no. 38459/03, 2 October 2012).

Having regard to the nature of the admissions contained in the Government ’ s declaration, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1(c)).

In so far as the applicant alleged violations of Articles 6, 8 and 14 of the Convention, in all the previous similar cases examined to date, the Court considered that these complaints either did not require a separate examination or should be dismissed as manifestly ill ‑ founded (see, among many other examples, Moskal , §§ 77 ‑ 101 and Antoni Lewandowski , §§ 86 ‑ 88, cited above). It follows that this part of the application must be rejected in accordance with Article 35 §§ 3 (a) and 4 of the Convention .

Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine ).

For these reasons, the Court unanimously

Takes note of the terms of the respondent Government ’ s declaration under Article 1 of Protocol No 1 to the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;

Decides to strike the application out of its list of cases in so far as it relates to the above complaint in accordance with Article 37 § 1 (c) of the Convention.

Declares the remainder of the application inadmissible.

Fatoş Aracı Nona Tsotsoria Deputy Registrar President