European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 3830/07
Dušan ERJAVEC
against Slovenia

The European Court of Human Rights (Fifth Section), sitting on 12 June 2012 as a Committee composed of:

              Ann Power-Forde, President,
              Boštjan M. Zupancic,
              Angelika Nußberger, judges,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 28 December 2006,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Dušan Erjavec, is a Slovenian national, who was born in 1958 and lives in Maribor. He was represented before the Court by Mr B. Verstovšek, a lawyer practising in Celje.

The Slovenian Government (“the Government”) were represented by their Agent.

The facts of the case, as submitted by the parties, may be summarized as follows.

On 24 January 2001 the applicant instituted proceedings before the Maribor District Court.

On 18 February 2003 the first-instance judgment was rendered. An appeal was lodged.

On 17 January 2006 the Maribor Higher Court remitted the case for re-examination.

On 31 March 2007 the parties reached an out-of-court settlement. The decision on termination of proceedings was issued on 10 April 2007.

THE LAW

The Court notes that a settlement was reached between the parties by which the Government acknowledged a violation of the right to a trial within a reasonable time and undertook to pay the applicants compensation with respect to non-pecuniary damages incurred as a result of the unreasonable length of proceeding.

The Court 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 in accordance with Article 37 § 1 (c) of the Convention.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

              Stephen Phillips              Ann Power-Forde
              Deputy Registrar              President