European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1534.html
Cite as: [2010] ECHR 1534
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FOURTH SECTION
DECISION
Application no.
28593/08
by Elżbieta GINTER
against Poland
The European Court of Human Rights (Fourth Section), sitting on 21 September 2010 as a Committee composed of:
Ljiljana
Mijović,
President,
Lech
Garlicki,
Nebojša
Vučinić,
judges,
and Fatoş Aracı,
Deputy Section Registrar,
Having regard to the above application lodged on 2 June 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Elżbieta Ginter, a Polish national who was born in 1952 and lives in Miastko. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 6 § 1 of the Convention about the lack of reasoning of the decision refusing a legal-aid lawyer's assistance with a view to filing a cassation appeal.
On 8 June 2010 and 9 June 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him PLN 7,800 (approximately EUR 1,985) to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which 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 undertook 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.
THE LAW
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 Ljiljana Mijović
Deputy
Registrar President