FOURTH SECTION

DECISION

AS TO THE ADMISSIBILITY OF

Application no. 1084/02 
by Stanisław MĄCZYŃSKI 
against Poland

The European Court of Human Rights (Fourth Section), sitting on 7 February 2006 as a Chamber composed of:

Sir Nicolas Bratza, President
 Mr J. Casadevall
 Mr G. Bonello
 Mr R. Maruste
 Mr S. Pavlovschi
 Mr L. Garlicki, 
 Mr J. Borrego Borrego, judges
and Mr M. O’Boyle, Section Registrar,

Having regard to the above application lodged on 13 September 2000,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Stanisław Mączyński, is a Polish national who was born in 1931 and lives in Warsaw. The Polish Government (“the Government”) were represented by their Agent, Mr J. Wołąsiewicz, of the Ministry of Foreign Affairs.

A.  The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 30 August 1994 the applicant received a notice of termination of his employment contract.

On 5 September 1994 the applicant filed with the Warsaw-Praga District Court an action for reinstatement against his employer. He also sought payment of certain bonuses. Following the filing of the action, the employer reinstated the applicant.

It appears that in the course of the proceedings the applicant modified his claims. He sought, inter alia, compensation on account of the fact that he had been paid a lower salary than required.

In 1996 a new judge was assigned to hear the applicant’s case.

On 30 April 1996 the applicant retired.

On 18 December 1997 the District Court ordered preparation of an accountancy report. That report was submitted to the court on an unspecified date in November 1998.

The District Court held hearings on the following dates: 1 December 1994; 8 March and 14 June 1995; 26 November 1996; 19 May 1997; and 9 March and 13 July 1999. A hearing scheduled for 6 November 1995 was adjourned due to the illness of the applicant’s representative.

On 10 August 1999 the Warsaw-Praga District Court gave judgment and dismissed the applicant’s claims. The applicant appealed against that judgment.

The Warsaw Regional Court held a hearing on 6 April 2000. On the same day it dismissed the applicant’s appeal against the judgment of the District Court. No further appeal lay against it.

On 9 November 2004 the applicant lodged a complaint with the Warsaw Regional Court against the unreasonable length of the proceedings in his case, in accordance with the Law of 17 June 2004 on complaints about a breach of the right to a trial within a reasonable time. However, on 10 January 2005 the Regional Court rejected the applicant’s complaint, considering that the proceedings complained of had terminated with the judgment of the Regional Court of 6 April 2000.

COMPLAINT

The applicant complained under Article 6 § 1 of the Convention about the excessive length of the proceedings. He also contested their outcome.

THE LAW

On 15 December 2005 the Court received the following declaration from the Agent of the Government:

“I declare that the Government of Poland offer to pay 10,000 Polish zlotys to Mr Stanislaw Mączyński with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will 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 undertake 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 will constitute the final resolution of the case.”

On 4 January 2006 the Court received the following declaration signed by the applicant:

“I, Stanisław Mączyński, note that the Government of Poland are prepared to pay me the sum of 10,000 Polish zlotys with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against Poland in respect of the facts giving rise to this application. I declare that this constitutes a 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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.

For these reasons, the Court unanimously

Decides to discontinue the application of Article 29 § 3 of the Convention and to strike the application out of its list of cases.

Michael O’Boyle Nicolas Bratza 
 Registrar President

MĄCZYŃSKI v. POLAND DECISION


MĄCZYŃSKI v. POLAND DECISION