European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1556.html
Cite as: [2011] ECHR 1556
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THIRD SECTION
DECISION
Application no.
16691/10
by Darina FRKOVÁ
against
Slovakia
The European Court of Human Rights (Third Section), sitting on 20 September 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 16 March 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Ms Darina Frková, is a Slovak national who was born in 1949 and lives in Veľký Krtíš. She was represented before the Court by Ms D. Komková, a lawyer practising in Prešov. The Slovak Government (“the Government”) were represented by their Co-Agent, Ms M. Bálintová.
The applicant complained under Article 6 § 1 of the Convention about the length of proceedings concerning payment of rent. She also invoked Article 14 of the Convention and Article 1 of Protocol No. 12 in that respect.
On 26 July 2011 and 1 August 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 her 8,900 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses and any tax that might be chargeable to the applicant. 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.
Marialena Tsirli Ineta
Ziemele
Deputy Registrar President