European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2009/2095.html
Cite as: [2009] ECHR 2095
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FOURTH SECTION
DECISION
Application no.
47677/06
by Ján RIŠA
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 24 November 2009 as a Chamber composed of:
Nicolas
Bratza,
President,
Lech
Garlicki,
Giovanni
Bonello,
Ljiljana
Mijović,
Ján
Šikuta,
Mihai
Poalelungi,
Nebojša
Vučinić,
judges,
and Lawrence
Early, Section
Registrar,
Having regard to the above application lodged on 15 November 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Ján Riša, is a Slovak national who was born in 1966 and lives in Banská Bystrica. He was represented before the Court by Mr S. Zabka, a lawyer practising in Banská Bystrica. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
On 15 April 2009 the President of the Fourth Section of the Court decided to communicate under Article 6 § 1 of the Convention the present application concerning the length of civil proceedings. Those proceedings started in 2004 and are still pending before the first-instance court.
THE LAW
On 20 October 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 3,700 (three thousand seven hundred euros) to Mr Ján Riša 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 12 August 2009 the Court received the following declaration signed by the applicant’s representative:
“I, Stanislav Zabka, the representative of the applicant, note that the Government of the Slovak Republic are prepared to pay ex gratia the sum of EUR 3,700 (three thousand seven hundred euros) to Mr Ján Riša 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.
Having consulted my client, I would inform you that he accepts the proposal and waives any further claims against Slovakia in respect of the facts giving rise to this application. He declares 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