European Court of Human Rights

THIRD SECTION

DECISION

Application no. 51066/09
Jozef MATI and Others
against Slovakia

The European Court of Human Rights (Third Section), sitting on 10 January 2012 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 September 2009,

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

Having deliberated, decides as follows:

PROCEDURE

The applicants, whose particulars appear in the annex, are five Slovakian nationals. Their application was lodged on 16 September 2009. 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 Articles 6 § 1 and 13 of the Convention about the length of civil proceedings and that they had not obtained appropriate redress from the Constitutional Court.

On 17 October 2011 and 31 October 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 6,000 euros to each of them to cover any pecuniary and non-pecuniary damage as well as costs and expenses, free of any taxes that may be applicable to the applicants. 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

Annex

List of the applicants

2. Ms Mária MATIOVÁ, born in 1944 and residing in Košice

3. Mr Vincent MATI, born in 1966 and residing in Košice

4. Ms Eva MILKOVIČOVÁ, born in 1965 and residing in Košice

5. Mr František MATI, born in 1964 and residing in Windsor, Canada