(Application no. 16933/03)
2 June 2009
This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
In the case of Hudečková v. Slovakia,
The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:
Nicolas Bratza, President,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having deliberated in private on 12 May 2009,
Delivers the following judgment, which was adopted on that date:
THE CIRCUMSTANCES OF THE CASE
A. Proceedings before the ordinary courts
1. Inheritance proceedings (file no. D 745/95)
2. Proceedings concerning the applicant's claim of 1996 (file no. 4 C 720/96) and the claim of 1999 (file no. 7 C 768/99).
22. On 5 August 1999 the applicant and her husband sought legal recognition that the sum equivalent to approximately EUR 2,500 which they had invested in the house of the applicant's relative did not form a part of the testator's estate. That claim was attributed file number 7 C 768/99 until 20 December 2000, when the District Court decided that it should be joined to the proceedings concerning the applicant's action of 1996.
3. Proceedings concerning the claim of 2003 (file no. 10 C 40/03)
B. Constitutional proceedings
I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
“In the determination of his civil rights and obligations ..., everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal...”
1. Inheritance proceedings (file no. D 745/95) and proceedings concerning the applicant's claims of 1996 (file no. 4 C 720/96) and 1999 (file no. 7 C 768/99).
2. Proceedings concerning the claim of 2003 (file no. 10 C 40/03)
There has accordingly been a breach of Article 6 § 1.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
B. Costs and expenses
C. Default interest
FOR THESE REASONS, THE COURT UNANIMOUSLY
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts:
(i) EUR 4,200 (four thousand two hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 1,187 (one thousand one hundred and eighty-seven euros), plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
Done in English, and notified in writing on 2 June 2009, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Fatoş Aracı Nicolas Bratza
Deputy Registrar President