European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 27058/07
by Zofia KOWALCZYK
against Poland

The European Court of Human Rights (Fourth Section), sitting on 2 June 2009 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
Päivi Hirvelä,
Ledi Bianku,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 16 June 2007,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

THE FACTS

The applicant, Ms Zofia Kowalczyk, is a Polish national who was born in 1956 and lives in Kłodzko. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 16 September 2005 the applicant lodged with the Świdnica Regional Court a compensation claim against a certain insurance company. She submitted that she had been involved in a traffic accident and had sustained head and leg injuries. She claimed compensation for the injuries and a compensatory benefit.

On 14 March 2006 the Świdnica Regional Court dismissed the applicant’s claim finding that she had failed to prove her claims. The court also obliged her to reimburse the defendant the costs of the litigation.

On 31 August 2006 the Wrocław Court of Appeal dismissed the applicant’s appeal (served on the applicant on 19 October 2006).

On a later unknown date the applicant requested that a legal aid lawyer be assigned to the case to prepare a cassation complaint. The Wrocław Court of Appeal allowed her request on 4 October 2006. On 18 October 2006 the Wrocław Bar Association assigned a legal-aid lawyer to the case (served on the applicant on 26 October 2006).

On 26 October 2006 the applicant and the lawyer had a telephone conversation. On the same date the applicant faxed a copy of the judgment with its written grounds to the lawyer.

In a letter to the applicant dated 7 December 2006 the lawyer explained in detail why she saw no grounds on which to prepare a cassation complaint in the applicant’s case (served on the applicant on 18 December 2006).

COMPLAINTS

THE LAW

On 6 May 2009 the Court received the following declaration from the Government:

“I declare that the Government of Poland offer to pay PLN 11,400 (eleven thousand four hundred Polish zlotys) to Ms Zofia Kowalczyk with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 case.”

On 6 April 2009 the Court received the following declaration signed by the applicant:

“I note that the Government of Poland are prepared to pay me the sum of PLN 11,400 (eleven thousand four hundred Polish zlotys) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

The Court 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 its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Fatoş Aracı Nicolas Bratza
Deputy Registrar President