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You are here: BAILII >> Databases >> European Court of Human Rights >> SKOWRONSKI v. POLAND - 52595/99 [2004] ECHR 78 (17 February 2004) URL: http://www.bailii.org/eu/cases/ECHR/2004/78.html Cite as: [2004] ECHR 78

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FOURTH SECTION

CASE OF SKOWROŃSKI v. POLAND

(Application no. 52595/99)

JUDGMENT

(Friendly settlement)

STRASBOURG

17 February 2004

This judgment is final but it may be subject to editorial revision.

In the case of Skowroński v. Poland,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Sir Nicolas BRATZA, President,

Mr M. PELLONPää,

Mrs V. STRážNICKá,

Mr R. MARUSTE,

Mr S. PAVLOVSCHI,

Mr L. GARLICKI,

Mr J. BORREGO BORREGO, judges,

and Mrs F. ELENS-PASSOS, Deputy Section Registrar,

Having deliberated in private on 27 January 2004,

Delivers the following judgment, which was adopted on the last-mentioned date:

PROCEDURE

1.  The case originated in an application (no. 52595/99) against the Republic of Poland lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Polish national, Mr Miroslaw Skowronski (“the applicant”), on 23 February 1999.

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

3.  The applicant complained, inter alia, under Article 6 § 1 of the Convention about the length of a set of civil proceedings.

4.  By a decision of 26 August 2003, the Court declared the application partly admissible.

5.  On 6 November 2003, after an exchange of correspondence, the Registrar suggested to the parties that they should attempt to reach a friendly settlement within the meaning of Article 38 § 1 (b) of the Convention. On 18 November and 11 December 2003 the applicant and the Government respectively submitted formal declarations accepting a friendly settlement of the case.

THE FACTS

6.  The applicant was born in 1955 and lives in Śniechy, Poland.

7.  In 1987 the applicant filed with the Lipno District Court (Sąd Rejonowy) an action in which he requested that the co-ownership of an estate be dissolved.

8.  On 9 December 1998, having held a number of hearings, the court gave judgment. It granted the sole ownership of the estate to the opposing party.

THE LAW

9.  On 11 December 2003 the Court received the following declaration from the Government:

“I declare that, with a view to securing a friendly settlement of the above-mentioned case, the Government of Poland offer to pay PLN 15.000 to Mirosław Skowroński. This sum is to cover any pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months from the date of delivery of the judgment by the Court pursuant to Article 39 of the European Convention on Human Rights. This payment will constitute the final resolution of the case.

The Government further undertake not to request that the case be referred to the Grand Chamber under Article 43 § 1 of the Convention.”

10.  On 18 November 2003 the Court had received the following declaration signed by the applicant:

“I note that the Government of Poland are prepared to pay me the sum of PLN 15.000 covering pecuniary and non-pecuniary damage and costs with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

I accept the proposal and waive any further claims against Poland in respect of the facts of this application. I declare that this constitutes a final settlement of the case.

This declaration is made in the context of a friendly settlement which the Government and I have reached.

I further undertake not to request that the case be referred to the Grand Chamber under Article 43 § 1 of the Convention after delivery of the Court's judgment.”

11.  The Court takes note of the agreement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).

12.  Accordingly, the case should be struck out of the list.

FOR THESE REASONS, THE COURT UNANIMOUSLY

1.  Decides to strike the case out of the list;

2.  Takes note of the parties' undertaking not to request a rehearing of the case before the Grand Chamber.

Done in English, and notified in writing on 17 February 2004, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Françoise ELENS-PASSOS Nicolas BRATZA

Deputy Registrar President