Resolution ResDH(2005)34 concerning the judgment of the European Court of Human Rights of 28 September 2004 (Friendly settlement) in the case of Ostrowski against P oland

(Adopted by the Committee of Ministers on 25 April 2005 at the 922nd meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Ostrowski case delivered on 28 September 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 63389/00) against P oland , lodged with the European Commission of Human Rights on 17 October 1998 under former Article 25 of the Co n vention, by Mr Adolf Ostrowski, a P olish national, and that the Court, seised of the case under Article 5, paragraph 2, of P rotocol No. 11, declared admissible the applicant ' s complaint relating to the length of certain civil proceedings;

Whereas in its judgment of 28 September 2004, the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Poland would pay the applicant the sum of 15,000 Polish zlotys, in respect of non-pecuniary damage and costs and expenses, within three months as from the delivery of the judgment, that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned delay until settlement;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Rule 44, paragraph 2) provides that the striking-out of a case which has been declared admissible shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 22 December 2004, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to conform to the Court ' s judgment;

Recalling that, as regards the applicant ' s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (in particular the Podbielski judgment of 30 October 1998) finding in particular violations of Article 6, paragraph 1, of the Convention on account of the excessive length of civil proceedings,

Declares, after having examined the information supplied by the Government of P oland, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the undertaking subscribed to in this case.