European Court of Human Rights

Resolution CM/ResDH(2009)69¹

Execution of the judgment of the European Court of Human Rights

Valovà, Slezàk and Slezàk against Slovak Republic

(Application No. 44925/98, judgment of 1 June 2004, final on 1 September 2004 and

judgment of 15 February 2005 – Friendly settlement, Article 41)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgments in this case, transmitted to the Committee by the Court once they had become final;

Recalling that the violation of the Convention found by the Court in this case concerns a breach of the applicants’ rights to a peaceful enjoyment of their possessions (violation of Article 1 of Protocol No. 1)(see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that, within the time-limit agreed to under the terms of the friendly settlement on the application of Article 41, the respondent state paid the applicants the sum provided in the friendly settlement (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its judgments, the adoption by the respondent state, where appropriate:

- of individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures, preventing similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ResDH(2009)69

Information about the measures to comply with the judgment in the case of

Valovà, Slezàk and Slezàk against Slovak Republic

Introductory case summary

This case concerns the violation of the applicants’ right to a peaceful enjoyment of their possessions in that a decision of June 1994 by the administrative authorities to reopen proceedings which had led to the recognition of the applicants’ right of property was not in conformity with the "conditions provided for by law” (violation of Article 1 of Protocol No. 1).

I. Payment of the sum agreed to under the terms of the friendly settlement on the application of Article 41 and individual measures

Under the friendly settlement concluded on 21 October 2004 on the application of Article 41, the parties agreed that the payment of a global sum of 20 000 euros, taken together with the agreement on the restitution of the property in question, would constitute a final resolution of the case. The sum agreed was paid on 15 May 2005, within the time limit agreed to under the terms of the friendly settlement. The authorities confirmed that the property was restored in 2004.

II. General measures

Since it was the national authorities’ application of the relevant provisions of domestic law which was challenged in this case, and taking into account the development of the direct effect of the Convention and of the case-law of the European Court at national level (see decisions of the Supreme Court Nos. Ntv I - 19/02 and Ntv I - 20/02 of 10/01/03), the dissemination of the judgment of the European Court to the competent authorities seems to be a relevant and sufficient measure for the prevention of new, similar violations. The judgment was published in Justičná Revue, issue No. 6-7/2004. It was sent out to the competent administrative authorities (regional land offices), together with a circular letter from the Minister of Justice. In addition, the presidents of the regional land offices were invited to send the judgment to district land offices for information.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violation of the Convention found by the European Court in this case. It considers that these measures will prevent new, similar violations and that the Slovak Republic has thus complied with its obligations under Article 46, paragraph 1 of the Convention.