THIRD SECTION
DECISION
Application no. 30949/02
by Bojan AVSEC
against Slovenia
The European Court of Human Rights (Third Section), sitting on 12 December 2006 as a Chamber composed of:
MrJ. Hedigan, President,
MrB.M. Zupančič,
MrC. Bîrsan,
MrsA. Gyulumyan,
MrE. Myjer,
MrDavid Thór Björgvinsson,
MrsI. Berro-Lefèvre, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged on 5 August 2002,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Bojan Avsec, is a Slovenian national who was born in 1956 and lives in Ljubljana.
The respondent Government (“the Government”) are represented by Mr L. Bembič, State Attorney-General.
The facts of the case, as submitted by the aplicant, may be summarised as follows.
On 9 September 1982 the applicant was dismissed from work at the company AVTOTEHNA due to an alleged serious breach of work duties. On 13 May 1988, following an acquittal in the criminal proceedings, a labour court annulled the AVTOTEHNA’s decision concerning the applicant’s dismissal. The judgment was upheld on appeal on 6 October 1988.
On 2 February 1989 the applicant instituted proceedings in the Ljubljana Labour Court (Sodišče združenega dela v Ljubljani) seeking damages for lost wages since his dismissal.
On 23 March 1990 the applicant lodged preliminary written submissions.
On 6 June and 13 July 1990 the court held the first two hearings.
In 1994, following a reform of the judicial system, the court was renamed the Ljubljana Labour and Social Court (Delovno in socialno sodišče v Ljubljani).
A hearing was held on 12 May 1995.
On 19 January 2000 the court requested that the applicant specified his claims.
On 16 February 2000 the applicant lodged preliminary written submissions and the court held a hearing.
On 10 May 2000 the applicant lodged preliminary written submissions.
On 14 June 2000 the court held a hearing.
The hearing scheduled for 13 September 2000 was cancelled at the applicant’s request, because he had an appointment with the “disability commission”.
On 18 October 2000 the court held a hearing.
On 7 November 2000 the applicant requested that the court appoint a financial expert.
On 5 January 2001 the court appointed a financial expert and ordered her to deliver an expert opinion within 45 days. The expert prepared her opinion on 22 July 2002.
On 17 September 2002 the court delivered a decision on costs and expenses concerning the production of an expert opinion. AVTOTEHNA’s appeal was dismissed by the Higher Labour and Social Court (Višje delovno in socialno sodišče v Ljubljani) on 14 November 2002.
On 23 January and 20 February 2003 the applicant lodged preliminary written submissions.
On 14 April 2003 the court held a hearing and decided to deliver a written judgment.
The judgment, upholding the applicant’s claims in part, was served on the applicant on 9 June 2003.
On 12 June 2003 the applicant appealed to the Higher Labour and Social Court and on 17 June 2003 amended his appeal. On 23 June 2003 AVTOTEHNA cross-appealed against the decision concerning costs and expenses.
On 4 November 2005 the court dismissed both appeals. The judgment was served on the applicant on 22 November 2005.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention that his right to a fair trial was violated by the excessive length of the proceedings. He also complained under Article 13 about the lack of an effective domestic remedy in respect of the excessive length of the proceedings.
THE LAW
On 21 September 2006 the Court received the following declaration from the Government:
“I, Lucijan Bembič, Agent of the Republic of Slovenia, declare that the Government of Slovenia offer to pay ex gratia 4,600 euros to Mr Bojan Avsec with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, and 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...”
On 29 September 2006 the Court received the following declaration signed by the applicant:
“I, Bojan Avsec, note that the Government of Slovenia are prepared to pay me ex gratia the sum of 4,600 euros with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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...
I accept the proposal and waive any further claims against Slovenia in respect of the facts of this application. I declare that this constitutes a final resolution of the case...”
The Court takes note of the friendly settlement reached between the parties (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).
Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Vincent BergerJohn Hedigan
RegistrarPresident
Full & Egal Universal Law Academy