European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/1360.html
Cite as: [2010] ECHR 1360
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FOURTH SECTION
DECISION
Application no.
32523/07
by Juraj BANYKÓ
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 20 July 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 Juraj Banykó, a Slovak national who was born in 1954 and lives in Rapotín. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The present case concerned the applicant's civil claim introduced on 18 October 1990. The proceedings were stayed ex lege due to the insolvency proceedings brought against the applicant's debtor. Several courts at various levels of jurisdiction dealt with the applicant's claim and related issues in several sets of proceedings. On 26 April 2007 the Constitutional Court found a violation of the constitutional equivalent of the applicant's right to a hearing within a reasonable time and ordered the responsible court to proceed with the case. It awarded the applicant the equivalent of 2,080 euros (EUR) at that time as just satisfaction for non pecuniary damage suffered. On 27 January 2009 it rejected the applicant's fresh constitutional complaint. The applicant's civil claim has not yet been decided upon by a final decision.
On 7 and 15 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 him EUR 9,000 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