European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 29385/06
by Dušan KUSÝ
against Slovakia

The European Court of Human Rights (Fourth Section), sitting on 13 November 2008 as a Chamber composed of:

Nicolas Bratza, President,
Giovanni Bonello,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä,
Ledi Bianku,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,

Having regard to the above application lodged on 7 July 2006,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Dušan Kusý, is a Slovakian national who was born in 1939 and lives in Bratislava. He was represented before the Court by Mr R. BZán, a lawyer practising in Bratislava. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.

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

On 31 January 1995 the applicant lodged an action for distribution of matrimonial property with the Bratislava II District Court.

In 1999 the case was pending for two months before the Bratislava Regional Court, as the applicant had challenged the District Court’s decision by which his former wife had been exempted from the obligation to pay, in advance, an expert’s fees. The Regional Court found that the applicant had no standing to challenge the decision.

On 3 November 2005 the Constitutional Court found that the District Court had violated the applicant’s right under Article 48 § 2 of the Constitution to a hearing without unjustified delay. It ordered the District Court to avoid any further delay in the proceedings and to reimburse the applicant’s legal costs. The Constitutional Court dismissed the applicant’s claim for just satisfaction. It held that the case was not complex. The applicant’s conduct and the conduct of his lawyer had contributed to the length of the proceedings to a substantial extent. They, inter alia, had not been present at hearings, had not co-operated with the expert and had not informed the District Court of the applicant’s temporary address. The applicant and his lawyer were repeatedly fined for non-compliance with court orders. The period of inactivity imputable to the District Court was eighteen months.

The civil proceedings ended by the District Court’s decision of 31 January 2007.

COMPLAINT

The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.

THE LAW

On 11 September 2008 the Court received the following declaration from the Government:

“I, Marica Pirošíková, Agent of the Government, declare that the Government of the Slovak Republic offer to pay ex gratia the sum of EUR 2,500 (two thousand five hundred euros) to Mr Dušan Kusý 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 converted into Slovakian korunas at the rate applicable at the date of settlement in case of payment prior to 1 January 2009, and free of any taxes that may be applicable. It 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.”

The Court received the following declaration signed by the applicant on 2 September 2008:

“I, Dušan Kusý, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 2,500 (two thousand five hundred euros) 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 converted into Slovakian korunas at the rate applicable at the date of settlement in case of payment prior to 1 January 2009, and free of any taxes that may be applicable. It 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 Slovakia 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 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