Resolution CM/ ResDH ( 2021)93

Execution of the judgment of the European Court of Human Rights

Apanasewicz against Poland

(Adopted by the Committee of Ministers on 9 June 2021 at the 1406 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

6854/07

APANASEWICZ

03/05/2011

03/08/2011

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 6 established on account of the excessive length of civil and administrative enforcement proceedings and to the violation of Article 8 on account of the lack of adequate protection against the negative consequences of the concrete production plant ’ s functioning on the applicant ’ s private life, despite the existence of decisions ordering the termination of its functioning and its demolition ;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgment, including the information provided regarding the translation and publication of the judgment to prevent new similar violations of Article 8, as well as the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)1156 https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=0900001680a0b20f );

Considering that the question of individual measures was resolved, given that the domestic proceedings have been terminated and the concrete production plant was demolished;

Recalling that the question of the general measures required to respond to the shortcomings established by the Court in this judgment related to the excessive length of civil and administrative enforcement proceedings continues to be examined in the context of the Beller and Majewski groups of cases and that the closure of this judgment is without prejudice in any way to the Committee ’ s assessment of the general measures necessary to ensure the expeditiousness of administrative and civil proceedings and the effectiveness of the domestic remedies,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.