European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/1567.html
Cite as: [2011] ECHR 1567
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THIRD SECTION
DECISION
Application no.
63946/09
by Cecília
KURUCOVÁ and
Others
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 23 November 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicants, Ms Cecília Kurucová, Mr Stanislav Kalina, Ms Mária Ševčíková, Mr Marian Kalina and Ms Jana Nitšová are Slovak nationals who were born in 1949, 1951, 1956, 1958 and 1965 respectively. Ms C. Kurucová lives in Sokoľ, Mr S. Kalina lives in Zilina, Ms M. Ševčíková and Mr M. Kalina live in Košice and Ms J. Nitšová lives in Prague, the Czech Republic. They were represented before the Court by Mr M. Slebodník, a lawyer practising in Košice. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The applicants complained under Article 6 § 1 of the Convention of the length of civil proceedings. They also complained under Article 13 of the Convention of a violation of their right to an effective remedy.
On 14
April and 16 May 2011 the Court received friendly settlement
declarations signed by the parties under which the applicants 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 each of the applicants 5,100
euros. This sum 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 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