Přehled
Rozhodnutí
FIRST SECTION
DECISION
Application no. 57115/18
Paweł LISICKI
against Poland
(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 application lodged on 23 November 2018,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr M.K. Drogoń, a lawyer practising in Cracow.
The applicant’s complaint under Article 10 of the Convention concerning a judgment of the Warsaw Court of Appeal of 10 November 2016 ordering him to issue apology for publishing an allegedly defaming press article was communicated to the Polish Government (“the Government”).
After unsuccessful friendly-settlement negotiations, the Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application.
The Government acknowledged that there had been a violation of the applicant’s right to freedom of expression, within the meaning of Article 10 of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be converted into the currency of the respondent State at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, 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 case.
The applicant informed the Court that he agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the continued examination of the application.
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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 30 March 2023.
Viktoriya Maradudina Alena Poláčková
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 of the Convention
(Freedom of expression)
Application no. | Applicant’s name Year of birth | Representative’s name and location | Date of receipt of the Government’s declaration | Date of receipt of the applicant’s acceptance | Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros)[1] |
57115/18 23/11/2018 | Paweł LISICKI 1966 | Drogoń Maciej Karol Cracow | 06/10/2022 | 13/10/2022 | 8,500 |
[1] Plus any tax that may be chargeable to the applicant.