FOURTH SECTION
DECISION
Application no. 9101/04
by Jozef BIČ
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 1 April 2008 as a Chamber composed of:
Nicolas Bratza, President,
Giovanni Bonello,
Stanislav Pavlovschi,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä,
Ledi Bianku, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 4 March 2004,
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 Jozef Bič, is a Slovakian national who was born in 1953 and lives in Košice. He was represented before the Court by Mr R. Žikla, a lawyer practising in Košice. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The facts of the case, as submitted by the parties, may be summarised as follows.
1. Proceedings concerning the distribution of marital property
On 17 July 1997 the applicant’s ex-wife claimed distribution of marital property before the Košice I District Court.
Between 14 December 1998 and 28 February 2002 the District Court scheduled six hearings in the case.
On 15 May 2002 and 3 March 2003 the plaintiff’s representative informed the court that his client was abroad. For that reason the District Court stayed the proceedings on 23 June 2003.
On 15 May 2006 the District Court approved the parties’ agreement on the distribution of a part of their property. With the parties’ consent it discontinued the proceedings in respect of the remainder of the action.
2. Constitutional proceedings
On 14 January 2004 the Constitutional Court found that the District Court had violated the applicant’s right under Article 6 § 1 of the Convention to a hearing within a reasonable time. The length of the proceedings was not imputable to the applicant’s conduct. The proceedings had lasted 6 years and 2 months prior to the decision to stay them. Unjustified delays imputable to the District Court totalled 3 years and 9 months.
The Constitutional Court awarded SKK 30,000 (the equivalent of approximately 740 euros at that time) to the applicant as just satisfaction in respect of non-pecuniary damage. It also ordered the District Court to reimburse the applicant’s legal costs.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.
2. The applicant alleged a violation of Article 1 of Protocol No. 1 in that he had been prevented for a long time from using the property which he had owned jointly with his former wife.
THE LAW
On 31 January 2008 the Court received the following declaration from the Government:
“I, Marica Pirošíková, the Agent of the Government of the Slovak Republic before the European Court of Human Rights, declare that the Government of the Slovak Republic offer to pay ex gratia 3,000 (three thousand euros) to Mr Jozef Bič 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 converted into Slovak korunas at the rate applicable on the date of payment, and free of any taxes that may be applicable. 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 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. The payment will constitute the final resolution of the case.”
On 20 February 2008 the Court received the following declaration signed by the applicant:
“I, Jozef Bič, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of 3,000 (three thousand 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 converted into Slovak korunas at the rate applicable on the date of payment, and free of any taxes that may be applicable. 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Slovakia in respect of the facts giving rise to 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. 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 discontinue the application of Article 29 § 3 and 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.
Fatoş AracıNicolas BratzaDeputy Registrar President
Full & Egal Universal Law Academy