Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 57260/19
Zbigniew PASTUSZKA against Poland
and 13 other applications
(see appended table)
The European Court of Human Rights (First Section), sitting on 9 March 2023 as a Committee composed of:
Alena Poláčková, President,
Gilberto Felici,
Raffaele Sabato, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 and Article 13 of the Convention concerning the excessive length of civil proceedings, limitation of access to court and the lack of any effective remedy in domestic law to complain about the excessive length of civil proceedings were communicated to the Polish Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Poland in respect of the facts giving rise to these applications as regards complaints under Article 6 § 1 of the Convention, concerning the excessive length of proceedings, and Article 13 of the Convention, related to the lack of the domestic remedy in that regard, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications in the part covered by the friendly settlement.
In view of the above, it is appropriate to strike the cases out of the list as regards the complaints concerning the excessive length of the proceedings and lack of an effective domestic remedy.
The applicants also raised other complaints under Article 6 § 1 the Convention, having argued that the excessive length of the proceedings had made their right of access to court illusory.
The Court has examined these complaints and considers that, in the light of all the material in its possession and in so far as the matters complained of are within its competence, these complaints are manifestly ill-founded within the meaning of Article 35 § 3 of the Convention (see Bieliński v. Poland, no. 48762/19, §§ 71-72, 21 July 2022).
It follows that this part of the applications must be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention as regards the complaints concerning the excessive length of the proceedings and lack of an effective domestic remedy;
Declares the remainder of the applications inadmissible.
Done in English and notified in writing on 30 March 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 and Article 13 of the Convention
(excessive length of civil proceedings and the lack of any effective remedy in domestic law)
No. | Application no. | Applicant’s name Year of birth | Representative’s name and location | Date of receipt of Government’s declaration | Date of receipt of Applicant’s declaration | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] |
57260/19 26/10/2019 | Zbigniew PASTUSZKA 1954 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 2,100 | |
57377/19 26/10/2019 | Krystyna MICHAŁOWSKA - JAŚKOWSKA 1952 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 2,100 | |
57386/19 26/10/2019 | Krzysztof MOCZKOWSKI 1951 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 2,100 | |
57396/19 26/10/2019 | Hieronim SOKOŁOWSKI 1954 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 4,200 | |
57419/19 26/10/2019 | Maciej ŚLIWIAK 1955 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 2,500 | |
57486/19 26/10/2019 | Mirosław ORECHWO 1958 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 4,200 | |
57557/19 26/10/2019 | Lilianna GÓRALSKA-RATAJ 1963 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 4,200 | |
58837/19 25/10/2019 | Ryszard WRZESIŃSKI 1958 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 4,200 | |
4080/20 30/12/2019 | Jan Marian MATUKIN 1949 | 09/12/2022 | 25/08/2022 | 4,200 | ||
24603/20 28/05/2020 | Bozena BUGAJ 1957 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 4,200 | |
24795/20 28/05/2020 | Adam OKÓLSKI 1958 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 4,200 | |
24799/20 15/05/2020 | Elżbieta PIESZCZYŃSKA 1958 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 2,100 | |
25355/20 08/06/2020 | Iwona ZDUNIAK 1954 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 3,380 | |
33285/20 27/07/2020 | Sławomir CYBULSKI VEL CYCHOWSKI 1952 | Gąsiorowska Monika Małgorzata Warsaw | 09/12/2022 | 16/08/2022 | 2,500 |
[1] Plus any tax that may be chargeable to the applicants.