FIFTH SECTION

DECISION

Application no. 14503/04
by Suzana ČUČEK
against Slovenia

The European Court of Human Rights (Fifth Section), sitting on 4 January 2012 as a Committee composed of:

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

Having regard to the above application lodged on 20 March 2004,

Having regard to the Government’s settlement proposal made to the applicant,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Ms Suzana Čuček, is a Slovenian national who was born in 1969 and lives in Miklavž. She was not represented before the Court. The Slovenian Government (“the Government”) were represented by their Agent.

A. The circumstances of the case

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

1. Labour proceedings

On 26 November 1996 the applicant was discharged from the company Košaki TMI d.d. Maribor on the grounds of unjustified absence from work. The applicant lodged an objection with a special board responsible for employment matters within the company, claiming that her dismissal had been the result of discrimination as she had been a victim of sexual harassment from her supervisor. Her objection was dismissed on 27 December 1996. Her employment with Košaki TMI d.d. Maribor was thus terminated.

On 8 January 1997 the applicant instituted proceedings against her ex-employer with the Maribor Labour Court, contesting the decision concerning termination of her employment. She also requested the court to order the payment of her wages pending the outcome of the proceedings.

On 10 February 2000 the court dismissed her claim. The applicant appealed. On 19 April 2001 the Higher Labour and Social Court rejected the applicant’s appeal.

Subsequently, the applicant lodged an appeal on points of law with the Supreme Court and a constitutional appeal with the Constitutional Court, which were both dismissed.

The last decision was served on the applicant on 7 January 2004.

2. Criminal proceedings II K 201/98

On 5 June 1998 the Maribor District Public Prosecutor lodged a bill of indictment against M.M. for sexual harassment by abuse of power.

On 16 March 1998 the Maribor Local Court heard the accused as well as the applicant and several witnesses.

By the letter of 30 August 2007 the Court requested the applicant to inform it about the state of these proceedings. Further to this request, the applicant contacted the Maribor District Public Prosecutor to learn about the status of the proceedings and she was informed that, on 26 July 2002, the Maribor Local Court had dismissed the bill of indictment as it had become statute barred. This decision was served on the applicant on 3 September 2007.

3. Criminal proceedings K 49/97-15

On an undetermined date in 1997 M.M. initiated criminal proceedings with the Maribor District Court against the applicant, accusing her of defamation. On 1 June 1998 the court terminated the proceedings.

B. Relevant domestic law

A description of the relevant domestic law can be found in the Kešelj and 6 Others v. Slovenia decision (nos. 20674/05, 20680/05, 28380/05, 28441/05, 38861/05, 39198/05 and 44915/05, 19 May 2009).

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention about the excessive length of labour proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard. In this connection, the applicant requested, in addition to non‑pecuniary damage, also compensation for the pecuniary damage which was allegedly sustained during t