European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1060.html
Cite as: [2011] ECHR 1060
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THIRD SECTION
DECISION
Application no.
45072/09
by Jaroslav BARTL
against Slovakia
The European Court of Human Rights (Third Section), sitting on 14 June 2011 as a Committee composed of:
Ineta
Ziemele, President,
Ján
Šikuta,
Kristina
Pardalos, judges,
and
Marialena Tsirli, Deputy
Section Registrar,
Having regard to the above application lodged on 6 August 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Jaroslav Bartl, is a Slovak national who was born in 1941 and lives in Dunajská LuZná. The Government of the Slovak Republic (“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 31 March 2005 and which are still pending. On 17 March 2009 the Constitutional Court found a violation of the applicant’s right to a hearing within a reasonable time, awarded him 350 euros as just satisfaction and ordered the Bratislava I District Court to proceed without undue delays. The applicant also invoked Article 41 of the Convention.
On 4 and 6 April 2011 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 2,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be free of any taxes that may be applicable and 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.
Marialena Tsirli Ineta Ziemele
Deputy Registrar President