THIRD SECTION
DECISION
Application no. 42326/14
ALLIANZ - SLOVENSKÁ POISŤOVŇA, A.S.
against Slovakia
The European Court of Human Rights (Third Section), sitting on 29 March 2016 as a Committee composed of:
Helen Keller, President,
Johannes Silvis,
Alena Poláčková, judges,
and Stephen Phillips, Section Registrar,
Having regard to the above application lodged on 23 May 2014,
Having regard to the declaration submitted by the respondent Government on 15 December 2015 requesting the Court to strike the application out of the list of cases and the applicant company’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Allianz - Slovenská poisťovňa, a.s., is a joint stock company with its registered office in Bratislava. It was represented before the Court by Mr B. Jablonka, a lawyer practising in Bratislava.
The Slovak Government (“the Government”) were represented by their Agent, Ms M. Pirošíková.
The applicant company complained under Article 6 § 1 of the Convention about the length of civil proceedings concerning a payment of a sum of money which had been initiated before the Pieštany District Court on 5 October 2006 (under the file no. 6 Cb 83/2008, and originally before the Trnava District Court under the file no. 9 Cb 86/2006). The proceedings have been held before two levels of jurisdiction and are still pending.
On 24 October 2013 the Constitutional Court rejected the applicant company’s complaint about the right to a hearing within a reasonable time under Article 6 § 1 of the Convention.
The application was communicated to the Government.
THE LAW
After the failure of attempts to reach a friendly settlement, by a letter of 15 December 2015 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by the application. They further requested the Court to strike out the application in accordance with Article 37 of the Convention.
The declaration provided as follows:
“The Government acknowledge the unreasonable duration of the domestic proceedings in which the applicant was involved and the fact that the applicant did not obtain redress at domestic level.
I, Marica Pirošíková, the Agent of the Government of the Slovak Republic before the European Court of Human Rights, declare that the Government offer to pay to Allianz - Slovenská Poisťovňa, a.s. the sum of EUR 3,690 (three thousand six hundred and ninety euros), plus any tax that may be chargeable to the applicant.
The Government would suggest that the above information be accepted by the Court as “any other reason” justifying the striking out of the case of the Court’s list of cases, as referred to in Article 37 § 1 (c) of the Convention.
In the event of the Court’s decision pursuant to Article 37 § 1 of the Convention, the Government undertake to pay to the applicant the declared sum within the three months from the date of notification of the decision. In the event of failure to pay this sum within the said three-month period, the Government undertake 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. This payment will constitute the final settlement of the case.”
By a letter of 8 February 2016, the applicant company indicated that it was not satisfied with the terms of the unilateral declaration on the ground that the sum offered was inappropriate.
The Court reiterates that Article 37 of the Convention provides that it may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to one of the conclusions specified, under (a), (b) or (c) of paragraph 1 of that Article. Article 37 § 1 (c) enables the Court in particular to strike a case out of its list if:
“for any other reason established by the Court, it is no longer justified to continue the examination of the application”.
It also reiterates that in certain circumstances, it may strike out an application under Article 37 § 1 (c) on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.
To this end, the Court has examined the declaration carefully in the light of the principles emerging from its case-law, in particular the Tahsin Acar judgment (see Tahsin Acar v. Turkey [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI; WAZA Spółka z o.o. v. Poland (dec.), no. 11602/02, 26 June 2007; and Sulwińska v. Poland (dec.), no. 28953/03, 18 September 2007).
The Court has established in a number of cases, including those brought against Slovakia, its practice concerning complaints about the violation of one’s right to a hearing within a reasonable time (see, for example, Frydlender v. France [GC], no. 30979/96, § 43, ECHR 2000-VII Scordino v. Italy (no. 1) [GC], no. 36813/97, §§ 178-227, ECHR 2006‑V; Rapoš v. Slovakia, no. 25763/02, §§ 32-34, 20 May 2008; Bič v. Slovakia, no. 23865/03, §§ 39-41, 4 November 2008 or Komár v. Slovakia, no. 25951/06, §§ 30-33, 26 October 2010).
Having regard to the nature of the admissions contained in the Government’s declaration, as well as the amount of compensation proposed – which is consistent with the amounts awarded in similar cases – the Court considers that it is no longer justified to continue the examination of the application (Article 37 § 1 (c)).
Moreover, in light of the above considerations, and in particular given the clear and extensive case-law on the topic, the Court is satisfied that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application (Article 37 § 1 in fine).
Finally, the Court emphasises that, should the Government fail to comply with the terms of their unilateral declaration, the application could be restored to the list in accordance with Article 37 § 2 of the Convention (Josipović v. Serbia (dec.), no. 18369/07, 4 March 2008).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Takes note of the terms of the respondent Government’s declaration under Article 37 § 1 of the Convention and of the modalities for ensuring compliance with the undertakings referred to therein;
Decides to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Done in English and notified in writing on 21 April 2016.
Stephen PhillipsHelen Keller
RegistrarPresiden
Full & Egal Universal Law Academy