European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 54862/07
by Jan KONAS
against Poland

The European Court of Human Rights (Fourth Section), sitting on 15 December 2009 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
Ján Šikuta,
Mihai Poalelungi,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,

Having regard to the above application lodged on 12 November 2007,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Jan Konas, is a Polish national who was born in 1946 and lives in Zielona Gόra. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

On 16 April 2009 the President of the Fourth Section of the Court decided to communicate under Article 6 § 1 of the Convention the applicant’s complaint concerning the length of civil proceedings for payment instituted on 16 January 1995. The proceedings lasted twelve years and some four months. They were terminated by the Warsaw Court of Appeal’s judgment delivered on 11 May 2007.

THE LAW

On 15 October 2009 the Court received the following declaration from the Government:

“I, Jakub Wołąsiewicz, Agent of the Government, declare that the Government of Poland offer to pay PLN 18,000 (eighteen thousand Polish zlotys) to Mr Jan Konas 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 and 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 20 October 2009 the Court received the following declaration signed by the applicant:

“I, Jan Konas, note that the Government of Poland are prepared to pay me the sum of PLN 18,000 (eighteen 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 and 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