European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 3032/07
Andrzej MAREK
against Poland

The European Court of Human Rights (Fourth Section), sitting on 29 May 2012 as a Committee composed of:

Päivi Hirvelä, President,
Ledi Bianku,
Zdravka Kalaydjieva, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 10 January 2007,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Andrzej Marek, is a Polish national who was born in 1958 and lives in Szczecin. He was represented before the Court by Mr B. Sochański, a lawyer practising in Szczecin.

The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.

The applicant complained under Article 10 of the Convention that his right to freedom of expression was breached.

THE LAW

On 15 November 2011 the Court received the following declaration signed by the applicant’s lawyer:

“I, Bartłomiej Sochański, representative, note that the Government of Poland are prepared to pay to Mr Andrzej Marek, with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights, EUR 1,500 (one thousand five hundred euros) to cover all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.

This sum will be converted into Polish zlotys at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision 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..

Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Poland in respect of the facts giving rise to this application. He declares that this constitutes a final resolution of the case.”

On 6 December 2011 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, to Mr Andrzej Marek, with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights, EUR 1,500 (one thousand five hundred euros) to cover any and all pecuniary and non pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant.

This sum will be converted into Polish zlotys at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the decision 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.”

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 Päivi Hirvelä
Deputy Registrar President