Nawrot and Others v. Poland

FIRST SECTION

Application no. 56923/21 Ramona NAWROT against Poland and 3 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 4 April 2024 as a Committee composed of:

Péter Paczolay , 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 declarations submitted by the respondent Government requesting the Court to strike the applications out of the list of cases, and the applicants’ replies to these declarations,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants and their representatives 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 and the lack of any effective remedy in domestic law were communicated to the Polish Government (“the Government”).

The Court notes that on 5 July 2023 the applicant in application no. 58914/21 died and that Ms Halina Zofia Ludwikowska, his wife, Ms Dorota Anna Ludwikowska-Kot, his daughter, and Mr Piotr Stanisław Ludwikowski, his son, expressed their wish to pursue the application in the applicant’s stead. The Court notes that the Government did not contest the standing of the applicant’s heirs to pursue the application in his stead. Therefore, and having regard to the subject matter of the complaints, the Court considers that Ms Ludwikowska, Ms Ludwikowska-Kot, and Mr Ludwikowski have standing to continue the proceedings in the applicant’s stead.

The Government submitted declarations with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the applications.

The Government acknowledged the excessive length of civil proceedings and the lack of any effective remedy in domestic law. They offered to pay the applicants the amounts detailed in the appended table and invited the Court to strike the applications out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amounts 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 these amounts within the above-mentioned three-month period, the Government undertook 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 applicants informed the Court that they agreed to the terms of the declarations.

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 finds that, following the applicants’ express agreement to the terms of the declaration made by the Government, the cases 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 applications.

In view of the above, it is appropriate to strike the cases out of the list.

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.

Done in English and notified in writing on 25 April 2024.

Viktoriya Maradudina Péter Paczolay 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 lack of any effective remedy in domestic law)

No.

Application no. Date of introduction

Applicant’s name

Year of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of applicant’s acceptance

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

56923/21

08/11/2021

Ramona NAWROT

1989

17/05/2023

18/08/2023

1,310

58914/21

22/11/2021

Andrzej LUDWIKOWSKI

Born: 1958

Died: 05/07/2023

Heirs :

Dorota Anna LUDWIKOWSKA-KOT

1994

Halina Zofia LUDWIKOWSKA

1961

Piotr Stanisław LUDWIKOWSKI

1992

18/05/2023

06/07/2023

8,150

jointly to the three heirs

60350/21

03/12/2021

Elżbieta STOLA

1953

Knieć Jarosław

Warszawa

17/05/2023

26/07/2023

2,220

7745/22

26/01/2022

Marzena WÓJCIK

1977

Budzowska Jolanta

Kraków

19/05/2023

04/07/2023

3,060

[1] Plus any tax that may be chargeable to the applicants.