European Court of Human Rights

Resolution CM/ResDH(2011)69¹

Execution of the judgment of the European Court of Human Rights

Szymoński against Poland

(Application No. 6925/02, judgment of 10/10/2006, final on 10/01/2007)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of civil proceedings concerning the readjustment of the amount of the applicant’s retirement pension (violation of article 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit set, the respondent state paid the applicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2011)69

Information about the measures to comply with the judgment in the case of

Szymoński against Poland

Introductory case summary

This case concerns the excessive length of proceedings concerning the readjustment of the amount of the applicant’s retirement pension (violation of Article 6§1). Between 1992 and 2002, the civil courts quashed the pension fund’s decisions several times and referred the case back to the fund for re-examination.

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

b) Individual measures

The domestic proceedings ended in 2001.

Consequently, no other individual measure was considered necessary by the Committee of Ministers.

II. General measures

According to the provision of Article 477¹⁴ § 2 of the Code of Civil Procedure – which was already in force at the time - in cases concerning social insurance, the court examining an appeal against a decision of the pension fund is not empowered to refer the case back to the fund for re-examination. If it allows the appeal, it shall modify the contested decision and decide on the merits. Thus, according to the government, in the present case the courts did not act in conformity with the relevant legislation.

The judgment of the European Court was published on the website of the Ministry of Justice and disseminated among judges.

The general problem of length of civil proceedings in Poland is being examined within the framework of the group Podbielski, No. 27916/95.

III. Conclusions of the respondent state

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Poland has thus complied with its obligations under Article 46, paragraph 1, of the Convention.