European Court of Human Rights

FOURTH SECTION

DECISION

Application no. 22645/04
by Milan KRIVČÍK
against Slovakia

The European Court of Human Rights (Fourth Section), sitting on 3 February 2009 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 June 2004,

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

Having deliberated, decides as follows:

THE FACTS

The application was introduced by Mr Milan Krivčík, a Slovakian national, who was born in 1943 and lived in Horná Maríková. The applicant died on 10 July 2005. Mrs Mária Krivčíková, the applicant’s spouse, informed the Court of her wish to continue the application in her late husband’s stead. The Slovakian Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.

1. Proceedings concerning the applicant’s action

On 20 August 1991 the applicant filed an action with the PovaZská Bystrica District Court against three defendants.

On 7 September 1994 the case was transferred to the Zilina District Court upon a decision of the Banská Bystrica Regional Court which disqualified the entire bench of the PovaZská Bystrica District Court from dealing with the case.

On 30 April 1996 and on 30 August 2000 the Banská Bystrica Regional Court and the Zilina Regional Court decided upon procedural issues.

In January 1998 the second and third defendants were adjudicated bankrupt.

On 27 January 2003 the applicant reached a court-approved settlement with the first defendant. On 3 July 2003 the applicant informed the district court that he wished to pursue his claim against the second and third defendants.

Subsequently, the proceedings were stayed ex lege due to the pending bankruptcy proceedings. The Zilina District Court has been prevented from acting in the case.

2. Constitutional proceedings

On 23 January 2004 the Constitutional Court found that the Zilina District Court had violated the applicant’s right under Article 48 § 2 of the Constitution to a hearing without unjustified delay and his right under Article 6 § 1 of the Convention to a hearing within a reasonable time.

The Constitutional Court awarded the applicant SKK 30,000 (the equivalent of 740 euros at that time) as just satisfaction in respect of non-pecuniary damage and ordered the reimbursement of the applicant’s legal costs.

COMPLAINT

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

THE LAW

The Court accepts that Mrs Mária Kričíková, the applicant’s spouse, wished to pursue the proceedings in her late husband’s stead.

On 20 November 2008 the Court received the following declaration from the Government:

“I, Marica Pirošíková, Agent of Government, declare that the Government of the Slovak Republic offer to pay ex gratia the sum of EUR 2,100 (two thousand one hundred euros) to Mrs Mária Krivčíková 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 on the date of payment, and 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. ”

The Court received the following declaration signed by the applicant’s spouse:

“I, Mária Krivčíková, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 2,100 (two thousand one 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 on the date of payment, and 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.

Lawrence Early Nicolas Bratza
Registrar President