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PIETROWSKI AND OTHERS v. POLAND

Doc ref: 30512/21;33548/21;38526/21;41898/21 • ECHR ID: 001-229542

Document date: November 9, 2023

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PIETROWSKI AND OTHERS v. POLAND

Doc ref: 30512/21;33548/21;38526/21;41898/21 • ECHR ID: 001-229542

Document date: November 9, 2023

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 30512/21 Dawid PIETROWSKI against Poland and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 9 November 2023 as a Committee composed of:

Lətif Hüseynov , President , Krzysztof Wojtyczek, Ivana Jelić , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives is set out in the appended table.

The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).

The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the excessive length of civil proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertook to pay simple interest on them, from the 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 applicants informed the Court that they agreed to the terms of the declarations.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases should be treated as a friendly settlement between the parties.

It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

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

Done in English and notified in writing on 30 November 2023.

Viktoriya Maradudina Lətif Hüseynov Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention

(excessive length of civil proceedings and lack of any effective remedy in domestic law)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

30512/21

06/06/2021

Dawid PIETROWSKI

1992Cupiał Dawid

Warsaw

23/03/2023

02/08/2023

3,030

33548/21

09/06/2021

Dariusz ÅšWIDERSKI

1965Cholewiak Mateusz

Szczecin

23/03/2023

25/05/2023

1,980

38526/21

27/07/2021

Sylwester WODECKI

1966

23/03/2023

19/06/2023

1,480

41898/21

13/08/2021

Jan Ludwik PALICKI

1957

23/03/2023

14/06/2023

5,610

[1] Plus any tax that may be chargeable to the applicants.

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