Youssfi v. Poland

FIRST SECTION

Application no. 12730/21 Abdelhakim YOUSSFI against Poland

(see appended table)

The European Court of Human Rights (First Section), sitting on 4 June 2026 as a Committee composed of:

Raffaele Sabato , President , Artūrs Kučs, Anna Adamska-Gallant , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application 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”) on 25 February 2021,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

The applicant’s details are set out in the appended table.

The applicant was represented by Ms S. Sarolea, a lawyer practising in Louvain-la-Neuve.

The applicant’s complaints under Articles 6 and 8 of the Convention, and Article 14 in conjunction with Articles 6 and 8, about the non-enforcement of Polish court’s orders to have the applicant’s child returned to him were communicated to the Polish Government (“the Government”). Complaints relating to the proceedings before the Constitutional Court were also communicated under Article 6 of the Convention.

The Court received the 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, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount 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 this amount within the above ‑ mentioned three-month period, the Government undertake 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 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 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 25 June 2026.

Viktoriya Maradudina Raffaele Sabato Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 6 and 8 of the Convention, and Article 14 in conjunction with Articles 6 and 8

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 declaration

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

(in euros) [1]

12730/21

25/02/2021

Abdelhakim YOUSSFI

Sarolea Sylvie

Louvain-la-Neuve

05/05/2026

10/04/2026

20,000

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