European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2010/837.html
Cite as: [2010] ECHR 837
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FOURTH SECTION
DECISION
Application no.
43771/07
by Jaroslav BARTL
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 18 May 2010 as a Chamber composed of:
Nicolas
Bratza,
President,
Giovanni
Bonello,
David
Thór Björgvinsson,
Ján
Šikuta,
Päivi
Hirvelä,
Ledi
Bianku,
Nebojša
Vučinić,
judges,
and
Lawrence Early, Section
Registrar,
Having regard to the above application lodged on 26 September 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 Jaroslav Bartl, a Slovak national who was born in 1941 and lives in Dunajská LuZná. 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 proceedings which started on 5 August 2004 and are still pending. On 14 June 2006 the Constitutional Court found a violation of the applicant's right to a hearing within a reasonable time and ordered the responsible court to proceed with the case. It did not award the applicant any just satisfaction. On 27 September 2007, 9 January 2008 and 27 January 2009 it rejected fresh constitutional complaints lodged by the applicant.
The Court received friendly settlement declarations signed by the parties on 25 February and 1 April 2010 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 2,700 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.
Lawrence Early Nicolas Bratza
Registrar President