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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Michal TURZYNSKI v Poland - 11619/07 [2011] ECHR 213 (18 January 2011) URL: http://www.bailii.org/eu/cases/ECHR/2011/213.html Cite as: [2011] ECHR 213 |
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FOURTH SECTION
DECISION
Application no.
11619/07
by Michał TURZYŃSKI
against Poland
The European Court of Human Rights (Fourth Section), sitting on 18 January 2011 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Ljiljana
Mijović,
Päivi
Hirvelä,
Ledi
Bianku,
Nebojša
Vučinić,
Vincent
A. de Gaetano, judges,
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 24 February 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Michał Turzyński, a Polish national who was born in 1955 and lives in Blizne. He was represented before the Court by Mr J. Tomczak, a lawyer practising in Warszawa. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz of the Ministry of Foreign Affairs.
The applicant complained under Article 6 of the Convention that on account of the court fees required from him for bringing his civil claim before a court he had been deprived of access to a court for the determination of his civil rights.
On 10 November 2010 and 2 December 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Poland in respect of the facts giving rise to this application against an undertaking by the Government to pay him 10,000 (ten thousand) Polish zlotys to cover any damage as well as costs and expenses.
This amount would be payable within three months from the date of notification of the decision taken 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 undertook 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 would constitute the final resolution of the case.
THE LAW
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.
Lawrence Early Nicolas Bratza
Registrar President