European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/489.html
Cite as: [2011] ECHR 489
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THIRD SECTION
DECISION
Application no.
10482/09
by Anna KOLESÁROVÁ and Others
against
Slovakia
The European Court of Human Rights (Third Section), sitting on 8 March 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 9 February 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Anna Kolesárová, Ľudmila Paňáková, Monika Rosenbergová, František Tresa, Margita Škovranová, Margita Kičurová and Emília Gregová, Slovak nationals who were born in 1953, 1964, 1958, 1962, 1958, 1952 and 1956 respectively and live in Košice. The applicant Margita Kičurová lives in Prešov. They were represented before the Court by Ms E. Geleneky Hencovská, 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 about the length of civil proceedings. They also complained that in consequence of the delays in the proceedings their right to the peaceful enjoyment of their possessions had been violated.
On 21 December 2010 and 04 January 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 7,000 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