European Court of Human Rights

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URL: http://www.bailii.org/eu/cases/ECHR/2010/1712.html
Cite as: [2010] ECHR 1712

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FOURTH SECTION

DECISION

Application no. 34095/08
by Barnabáš HARNÓC
against Slovakia

The European Court of Human Rights (Fourth Section), sitting on 5 October 2010 as a Committee composed of:

Ljiljana Mijović, President,
Ledi Bianku,
Nebojša Vučinić, judges,

and Fatoş Aracı, Deputy Section Registrar,

Having regard to the above application lodged on 14 July 2008,

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

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Barnabáš Harnóc, is a Slovak national who was born in 1939 and lives in Zilina. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 7 July 1999 the applicant claimed a sum of money for unpaid services before the PovaZská Bystrica District Court from a company.

On 7 November 2003 the District Court dismissed the claim.

On 6 October 2004 the Trenčín Regional Court quashed the decision following the applicant's appeal and remitted the case to the District Court.

On 5 September 2007 the Constitutional Court decided that the applicant's right to a hearing within a reasonable time had been violated. It ordered the District Court to proceed without unjustified delay and awarded 20,000 Slovakian korunas (SKK)^¹ to the applicant in just satisfaction for non pecuniary damage. It also ordered the District Court to reimburse the applicant's legal costs.

On 22 January 2008 the District Court granted the action in part and dismissed the remainder. The applicant appealed.

On 25 June 2008 the Regional Court upheld the first-instance judgment. The decision became final on 7 August 2008.

COMPLAINTS

The applicant complained that the proceedings had lasted too long.

He further complained that the District Court had violated his right to a fair hearing in that it had erred in the assessment of evidence and had refused to deal with the evidence adduced by the applicant. He invoked Article 6 § 1 of the Convention.

THE LAW

On 5 March 2010 the Court received the following declaration from the Government:

“I, Marica Pirošíková, Agent of the Government, declare that the Government of the Slovak Republic offer to pay ex gratia EUR 1,600 (one thousand six hundred euros) to Mr Barnabáš Harnóc 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 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. ”

On 16 June 2010 the Court received the following declaration signed by the applicant:

“I, Barbabáš Harnóc, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 1,600 (one thousand six 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 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.

Fatoş Aracı Ljiljana Mijović
Deputy Registrar President

1. SKK 20,000 was equivalent to approximately 600 euros (EUR) at that time.