Resolution CM/ResDH(2010)29[1]
Execution of the judgment of the European Court of Human Rights
Rosival and others against the Slovak Republic
(Application No. 17684/02, judgment of 23 September 2008, friendly settlement)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the judgment transmitted by the Court to the Committee once it had become final;
Recalling that the applicants’ complaints declared admissible in this case concerned the unfairness of proceedings for the restitution of real property confiscated by the state after the Second World War, deriving from the retroactive application of legislation limiting their claim (complaints under Article 6, paragraph 1, Article 1 of Protocol No. 1, and Article 14 in conjunction with Article 1 of Protocol No. 1);
Whereas in this case the Court, having taken formal note of friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols decided, unanimously, to strike this case out of its list and took note of the parties’ undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under these friendly settlements it was agreed that the government of the respondent state would either secure restitution to the applications of the real property at issue within six months as from the notification of the judgment, or, if the applicants had not acquired the ownership of the real property within the time-limit, pay the applicants jointly such sums as correspond to the official price of the property at issue based on an expert opinion within seven months as from the notification of the judgment and pay the applicants jointly a sum of 35,000 euros with respect to any other pecuniary damage, non-pecuniary damage and costs and expenses incurred, within three months as from notification of the judgment;
Recalling that the striking-out of a case which has been declared admissible is effected by means of a judgment which the Court forwards to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance, friendly settlement or solution of the matter;
Having invited the government of the respondent state to inform the Committee of the measures taken in order to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgment;
Having examined the information provided in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that on 21 October 2008 and 9 April 2009, within the time-limits agreed to under the terms of the friendly settlement, the government of the respondent state paid the applicants the sums provided for in the friendly settlement and that no other measure was required in this case to comply with the Court’s judgment;
Having examined the information supplied by the government of Slovakia,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases and DECIDES to close their examination.
[1] Adopted by the Committee of Ministers on 4 March 2010 at the 1078th meeting of the Ministers’ Deputies.
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