European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2009/1589.html
Cite as: [2009] ECHR 1589
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FOURTH SECTION
DECISION
Application no.
13489/07
by Janusz BUŁATOWICZ
against Poland
The European Court of Human Rights (Fourth Section), sitting on 22 September 2009 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Ljiljana
Mijović,
David
Thór Björgvinsson,
Ján
Šikuta,
Päivi
Hirvelä,
Mihai
Poalelungi,
judges,
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 23 February 2005,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Janusz Bułatowicz, is a Polish national who was born in 1949 and lives in Szczecin. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
On 19 January 2004 the applicant filed an action with the Szczecin District Court claiming a title to a certain property by acquisitive prescription. The court exempted him form court fees and a legal-aid lawyer was assigned to the case.
On 14 January 2005 the Szczecin District Court dismissed the applicant’s claim. On 28 September 2006 the Szczecin Regional Court dismissed the applicant’s appeal (served on the applicant’s lawyer on 9 November 2006).
In a letter to the applicant dated 9 November 2006 the lawyer informed him that the time limit for the lodging of a cassation complaint had started to run on 9 November 2006.
On a later unknown date the applicant requested that a legal aid lawyer be assigned to the case to prepare a cassation complaint.
On 13 November 2006 the Szczecin Regional Court allowed his request (served on the applicant on 29 November 2006).
On 4 December 2006 the Szczecin Bar Association assigned a legal-aid lawyer to the case (served on the lawyer on 2 January 2007).
In a letter to the applicant dated 9 January 2007 the lawyer explained that she saw no grounds on which to prepare a cassation complaint in his case (served on the applicant on 10 January 2007).
The term-limit for the lodging of a cassation complaint was to expire on 9 January 2007.
COMPLAINTS
The applicant complained about the outcome of the proceedings.
The applicant further complained that he had been denied an effective access to a court since the legal aid lawyer had refused to prepare a cassation complaint to the Supreme Court.
THE LAW
On 23 July 2009 the Court received the following declaration from the Government:
“I declare that the Government of Poland offer to pay PLN 11,000 (eleven thousand Polish zlotys) to Mr Janusz Bułatowicz 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 10 June 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 11,000 (eleven thousand 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.
Lawrence Early Nicolas Bratza
Registrar President