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Krystyna HAWROT v Poland - 49568/07 [2010] ECHR 476 (16 March 2010)
URL: http://www.bailii.org/eu/cases/ECHR/2010/476.html
Cite as:
[2010] ECHR 476
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FOURTH
SECTION
DECISION
Application no.
49568/07
by Krystyna HAWROT
against Poland
The
European Court of Human Rights (Fourth Section), sitting on 16 March
2010 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 22 October 2007,
Having
regard to the formal declarations accepting a friendly settlement of
the case,
Having
deliberated, decides as follows:
PROCEDURE
The
application was lodged by Mrs Krystyna Hawrot, a Polish national who
was born in 1940 and lives in Warszawa. The Polish Government
(“the Government”) were represented by their Agent,
Mr J. Wołąsiewicz of the Ministry of Foreign
Affairs.
On 19
November 2009 the President of the Fourth Section of the Court
decided to communicate the applicant’s complaint under Article
6 of the Convention concerning the length of the civil proceedings
which commenced on 27 July 1999 and are still pending.
THE LAW
On 27
January 2010 the Court received the following declaration from the
Government:
“I, Jakub Wołąsiewicz, Agent of the
Polish Government, declare that the Government of Poland offer
to pay PLN 20,000 (twenty thousand Polish zlotys) to Mrs Krystyna
Hawrot 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 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 29 January 2010 the Court received the following declaration
signed by the applicant:
“I, Krystyna Hawrot, note that the Government of
Poland are prepared to pay me the sum of PLN 20,000 (twenty
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 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