European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 27639/08
by Jaroslav BARTL
against Slovakia

The European Court of Human Rights (Fourth Section), sitting on 9 June 2009 as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
Ján Šikuta,
Mihai Poalelungi,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 23 June 2005,

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

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Jaroslav Bartl, is a Slovak national who was born in 1941 and lives in Dunajská LuZná. On 14 May 2009 he appointed Mr Š. Detvai, a lawyer practising in Bratislava, to represent him before the Court. The Slovak Government (“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 6 August 2003 the applicant lodged an action against the Ministry of the Interior, seeking compensation for an unpaid salary.

On 23 August 2007 the Constitutional Court found that the Bratislava I District Court had violated the applicant’s right under Article 48 § 2 of the Constitution to a hearing without unjustified delay. The applicant’s conduct had partially contributed to the length of the proceedings. The case was not complex and the District Court had been inactive for a period of 13 months.

The Constitutional Court ordered the District Court to proceed without further delay and ordered reimbursement of the applicant’s costs. It dismissed his claim for just satisfaction. It held that the applicant’s conduct had contributed to the length of the proceedings and that the finding of a violation provided sufficient just satisfaction for the non-pecuniary damage suffered by the applicant.

On 18 March 2008 the Constitutional Court rejected the applicant’s fresh complaint about the length of the proceedings. It found no delays in the period of the proceedings after its judgment of 23 August 2007.

The proceedings are still pending before the District Court.

COMPLAINT

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

THE LAW

On 12 May 2009 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 4,000 (four thousand euros) to Mr Jaroslav Bartl 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 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.”

On 11 and 15 May 2009 the Court received the following declaration signed by the applicant:

“I, Jaroslav Bartl, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 4,000 (four thousand 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 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.

Fatoş Aracı Nicolas Bratza
Deputy Registrar President