MOTAŁA AND OTHERS v. POLAND
Doc ref: 35630/22;35726/22;57843/22;1801/23 • ECHR ID: 001-231144
Document date: January 18, 2024
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FIRST SECTION
DECISION
Application no. 35630/22 Tomasz MOTAÅA against Poland and 3 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 18 January 2024 as a Committee composed of:
Péter Paczolay , President , Gilberto Felici, Raffaele Sabato , 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 Governmentâ€).
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 8 February 2024.
{signature_p_1} {signature_p_2}
Viktoriya Maradudina Péter Paczolay 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]
35630/22
30/06/2022
Tomasz MOTAÅA
1962
11/09/2023
17/11/2023
2,340
35726/22
29/06/2022
Wanda MAKARSKA
1964
Kaczyński Jarosław
Warsaw
01/09/2023
07/11/2023
2,340
57843/22
05/12/2022
Wojciech CHWASTYNIAK
1968
Królak Piotr Jacek
Warsaw
01/09/2023
03/11/2023
1,560
1801/23
29/12/2022
Elżbieta
GRABAREK-BARTOSZEWICZ
1955
11/09/2023
17/11/2023
2,635
[1] Plus any tax that may be chargeable to the applicants.