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TWENTY-ONE CASES AGAINST POLAND

Doc ref: 71621/01, 49920/99, 58780/00, 53551/99, 73009/01, 55106/00, 49033/99, 75098/01, 76158/01, 72662/01, ... • ECHR ID: 001-69000

Document date: April 25, 2005

Inbound citations: 11
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Cited paragraphs: 0
•
Outbound citations: 0

TWENTY-ONE CASES AGAINST POLAND

Doc ref: 71621/01, 49920/99, 58780/00, 53551/99, 73009/01, 55106/00, 49033/99, 75098/01, 76158/01, 72662/01, ... • ECHR ID: 001-69000

Document date: April 25, 2005

Cited paragraphs only

Resolution ResDH(2005)35 concerning the judgments of the European Court of Human Rights (Friendly settlements) in twenty-one cases against P oland (see Appendix) relating to the length of civil proceedings

(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 judgments of the European Court of Human Rights in the twenty-one cases listed in the Appendix to this resolution and transmitted immediately to the Committee of Ministers under Article 46 of the Convention;

Recalling that these cases originated in applications (see Appendix) against P oland , lodged with the European Court of Human Rights between 21 November 1998 and 15 February 2002 under Article 34 of the Co n vention, by twenty-three P olish nationals, and that the Court declared admissible, inter alia , the applicants ' complaints related to the length of certain proceedings concerning civil rights and obligations;

Whereas in its judgments concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list;

Whereas under the above-mentioned friendly settlements it was agreed that the Polish Government would pay the applicants certain sums (see Appendix), within three months as from the delivery of the judgments;

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 the dates indicated in the Appendix, within the time-limits agreed to under the terms of the friendly settlements, the government of the respondent state had paid the applicants the sums provided for in the friendly settlements and that no other measure was required in the present cases to conform to the Court ' s judgments;

Recalling that, as regards most of the applicants ' complaints declared admissible in these cases, 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 the Committee of Ministers has exe r cised its functions under Article 46, paragraph 2, of the Convention with respect to the undertakings subscribed to in these cases.

Appendix to Resolution ResDH(2005)35

List of cases with details of sums agreed to and dates of payment

Case

Application No.

Date of judgment

Total

Payment on

Chudyba, Teresa

71621/01

23/09/2003

15 000 zlotys

09/12/2003

Cwyl, Józef and Darius

49920/99

09/12/2003

25 000 zlotys

10/02/2004

Dragan, Janusz

58780/00

15/07/2003

16 000 zlotys

12/09/2003

Godlewski, Krzysztof

53551/99

08/07/2003

16 000 zlotys

29/08/2003

Górecka, Janina

73009/01

23/09/2003

13 000 zlotys

11/12/2003

Górka, Janina

55106/00

05/11/2002

10 000 zlotys

30/01/2003

Janowski, Józef Miche ł (No. 2)

49033/99

23/09/2003

17 000 zlotys

21/11/2003

Kledzik, Jadwiga

75098/01

23/09/2003

12 500 zlotys

29/10/2003

M.M. and E.M.M.

76158/01

29/07/2003

12 000 zlotys

09/09/2003

Mazurkiewicz, Piotr

72662/01

14/10/2003

6 500 zlotys

13/01/2004

Mikulska, Henryk

8205/02

29/07/2003

15 000 zlotys

08/09/2003

Nowakowski, Stanis Å‚aw

71009/01

29/07/2003

15 000 zlotys

04/09/2003

Pieniążek, Krzysztof

57465/00

28/10/2003

14 000 zlotys

26/01/2004

Radek, Miros Å‚aw

30311/02

20/07/2004

15 000 zlotys

09/09/2004

Sagan, Krystyna

6901/02

24/06/2003

17 500 zlotys

29/08/2003

Sędek, Janina

67165/01

06/05/2003

17 000 zlotys

24/06/2003

Skóra, Henryk

67162/01

01/07/2003

14 000 zlotys

09/09/2003

Skowroński, Miros ław

52595/99

17/02/2004

15 000 zlotys

25/03/2004

Stańczyk, Janina

50511/99

02/12/2003

22 500 zlotys

29/01/2004

Szymański, Marian

75929/01

21/10/2003

13 000 zlotys

08/12/2003

Wysocka-Cysarz, Teresa

61888/00

01/07/2003

12 500 zlotys

21/07/2003

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