(Application no. 22172/02)
3 August 2006
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Prljanović v. Slovenia,
The European Court of Human Rights (Third Section), sitting as a Chamber composed of:
Mr C. Bîrsan,
Mr B.M. Zupančič,
Mr V. Zagrebelsky,
Mrs A. Gyulumyan,
Mr E. Myjer,
Mr David Thór Björgvinsson,
Mrs I. Ziemele, judges,
and Mr V.Berger, Section Registrar,
Having deliberated in private on 11 July 2006,
Delivers the following judgment, which was adopted on that date:
Between 7 April 1999 and 31 December 2002 the applicant lodged four written submissions and adduced evidence.
On 6 September 2001 and 11 February 2002 he requested that a date be set for a hearing.
On 13 November 2000 he requested that the case be heard as a matter of priority, which was rejected by the court.
Of the three hearings held between 19 June 2002 and 19 March 2003, none was adjourned at the request of the applicant.
During the proceedings, the court appointed a medical expert.
At the last hearing, the court decided to deliver a written judgment. The judgment, upholding the applicant’s claim in part, was served on the applicant on 25 March 2003.
On 16 April 2004 the court rejected the applicant’s appeal.
The judgement was served on the applicant on 5 May 2004.
On 18 January 2005 the court rejected the appeal.
The judgement was served on the applicant on 9 February 2005.
I. ALLEGED VIOLATION OF ARTICLES 6 § 1 AND 13 OF THE CONVENTION
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.”
1. Article 6 § 1
There has accordingly been a breach of Article 6 § 1.
2. Article 13
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 1,200 (one thousand two hundred euros) in respect of non-pecuniary damage and EUR 1,000 (one thousand euros) in respect of costs and expenses, plus any tax that may be chargeable;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 3 August 2006, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Berger Corneliu Bîrsan