European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1357.html
Cite as: [2010] ECHR 1357
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FOURTH SECTION
DECISION
Application no.
21647/09
by Margita OBŠITOŠOVÁ
against
Slovakia
The European Court of Human Rights (Fourth Section), sitting on 7 September 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 15 April 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mrs Margita Obšitošová, a Slovak national who was born in 1934 and lives in Ruskov. She was represented before the Court by Mrs I. Rajtáková, a lawyer practising in Košice. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings which started on 2 June 1997 and ended on 15 January 2009 when the Prešov Regional Court's decision became final. On 24 May 2006 the Constitutional Court found a violation of the applicant's right to a hearing within a reasonable time and awarded her the equivalent of 662 euros (EUR) at that time as just satisfaction for non pecuniary damage suffered. It also ordered the court concerned to avoid any further delay in the proceedings. On 18 September 2008 the Constitutional Court again found a violation of the applicant's right to a hearing within a reasonable time but did not award her any just satisfaction.
On 4 June and 7 July 2010 the Court received friendly settlement declarations signed by the parties under which the applicant 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 her EUR 4,400 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