European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2010/1042.html
Cite as: [2010] ECHR 1042

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FOURTH SECTION

DECISION

Application no. 9237/07
by Oliver KENDERA and KENDEROVÁ
against Slovakia

The European Court of Human Rights (Fourth Section), sitting on 8 June 2010 as a Committee composed of:

Giovanni Bonello, President,
Lech Garlicki,
Ján Šikuta, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 26 January 2007,

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

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Oliver Kendera and Mrs Jozefa Kenderová, Slovak nationals who were born in 1947 and 1951 respectively and live in Rajecké Teplice. They were represented before the Court by Mr D. Divko, a lawyer practising in PovaZská Bystrica. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.

The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings which started on 23 March 1992 and ended on 8 June 2009. On 28 June 2006 the Constitutional Court decided that the applicants' right to a hearing within a reasonable time had been violated. It ordered the court concerned to proceed without unjustified delay and awarded 60,000 Slovakian korunas (SKK)^¹ to each applicant in just satisfaction for non pecuniary damage. It also ordered the competent court to reimburse the applicants' legal costs.

The Court received friendly settlement declarations signed by the parties on 23 March and 31 March 2010 under which the applicants agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application against an undertaking by the Government to pay the applicants jointly 6,800 euros to cover any pecuniary and non pecuniary damage as well as costs and expenses. This sum would be free of any taxes that might 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 undertook 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 LAW

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 Giovanni Bonello
Deputy Registrar President

1. SKK 70,000 was equivalent to 1,570 euros (EUR) at that time.