FOURTH SECTION
DECISION
Application no. 49247/07
by Jozef BALVÍN and Others
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 6 July 2010 as a Committee composed of:
Lech Garlicki, President,
Giovanni Bonello,
Ján Šikuta, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 21 October 2007,
Having regard to the declarations submitted by the respondent Government requesting the Court to strike the application out of the list of cases and to the applicants' reply,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by thirteen applicants who are Slovak nationals. Their particulars are set out in the appendix. They were represented before the Court by Mr Stanislav Žabka, the twelfth applicant. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
On 4 February 2004 the applicants initiated civil proceedings which were pending until 6 August 2009 before the courts at two levels of jurisdiction. On 17 April 2007 the Constitutional Court found a violation of the constitutional equivalent of the applicants' right to a hearing within a reasonable time and ordered the first-instance court to proceed with the case. It did not award the applicants any just satisfaction. Before the Constitutional Court, as well as the Court, they complained exclusively about the length of the first-instance proceedings. The applicants invoked Article 6 § 1 of the Convention.
On 5 May 2010 the Court received the Government's unilateral declarations signed on the same day. The Government acknowledged both the applicants' victims status within the meaning of Article 34 of the Convention and the unreasonable duration of the domestic proceedings in which the applicants had been involved.
They offered to pay the following sums:
(a) EUR 3,000 (three thousand euros) jointly to the fifth and sixth applicants;
(b) EUR 3,000 (three thousand euros) jointly to the ninth and tenth applicants;
(c) EUR 3,000 (three thousand euros) jointly to the twelfth and thirteenth applicants; and
(d) EUR 3,000 (three thousand euros) each to the remaining applicants.
They offered to pay these sums to cover any pecuniary and non-pecuniary damage together with any costs and expenses incurred by the applicants with respect to the violation of their right under the Convention. They suggested 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 undertook to pay to the applicants the declared sums within three months from the date of notification of the decision. In the event of failure to pay these sums within the said three-month period, they undertook to pay simple interest on them, 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. These payments would constitute the final settlement of the case.
In a letter dated 1 June 2010 the applicants disagreed with the terms of the declarations and proposed different sums.
THE LAW
The Court reiterates that it may strike out an application under Article 37 § 1(c) 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, under certain circumstances, it may do so on the basis of a unilateral declaration by a respondent Government even if the applicant wishes the examination of the case to be continued.
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; Cocchiarella v. Italy [GC], no. 64886/01, §§ 69-98, ECHR 2006-V; and Fekiač and Fekiačová v. Slovakia, no. 39202/04, §§ 19-26, 10 November 2009).
Having regard to the nature of the admissions contained in the Government's declarations, as well as the amounts 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 present application (see, for the relevant principles, Tahsin Acar v. Turkey [GC], no. 26307/95, §§ 75-77, ECHR 2003-VI; and also Haran v. Turkey, no. 25754/94, 26 March 2002). 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).
It should therefore be struck out of the list in accordance with Article 37 § 1 (c) of the Convention.
For these reasons, the Court
Takes note of the terms of the respondent Government's declarations and of the modalities for ensuring compliance with the undertakings referred to therein;
Decides unanimously to strike the application out of its list of cases in accordance with Article 37 § 1 (c) of the Convention.
Lawrence EarlyLech Garlicki
RegistrarPresident
APPENDIX
List of applicants
1.Mr Jozef Balvín was born in 1975 and lives in Banská Bystrica
2.Mr Lumír Balvín was born in 1948 and lives in Banská Bystrica
3.Mr Ján Blaško was born in 1934 and lives in Banská Bystrica
4.Ms Helena Danielisová was born in 1949 and lives in Banská Bystrica
5.Mr Peter Ďurica was born in 1944 and lives in Banská Bystrica
6.Mrs Mária Ďuricová, wife of the fifth applicant, was born in 1945 and lives in Banská Bystrica
7.Mr Pavel Kollár was born in 1955 and lives in Banská Bystrica
8.Ms Terézia Mišovcová was born in 1948 and lives in Slovenská Ľupča
9.Mr Michal Tkáč was born in 1934 and lives in Banská Bystrica
10.Mrs Anna Tkáčová, wife of the ninth applicant, was born in 1932 and lives in Banská Bystrica
11.Ms Anna Tkáčová was born in 1959 and lives in Banská Bystrica
12.Mr Stanislav Žabka was born in 1935 and lives in Banská Bystrica
13.Mrs Emília Žabková, wife of the twelfth applicant, was born in 1938 and lives in Banská Bystrica
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