FOURTH SECTION
DECISION
Application no. 20760/05
by Ivan FECISKANIN
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 1 July 2008 as a Chamber composed of:
Lech Garlicki, President,
Giovanni Bonello,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä,
Ledi Bianku,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 31 May 2005,
Having regard to the decision to examine jointly the admissibility and merits of the case (Article 29 § 3 of the Convention),
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Ivan Feciskanin, is a Slovak national who was born in 1959 and lives in Bardejov. 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.
On 17 December 1997 the applicant filed an action with the District Court in Bardejov. He claimed a sum of money from a company.
15 December 2004 the Constitutional Court found that the District Court had violated the applicant’s right under Article 48 § 2 of the Constitution to a hearing without unjustified delay.
The Constitutional Court held that the case was not particularly complex and that the applicant by his conduct had to a certain extent contributed to the length of the proceedings. Delays imputable to the conduct of the District Court exceeded 3 years.
The Constitutional Court awarded SKK 30,000 (the equivalent of approximately 770 euros at that time) to the applicant as just satisfaction in respect of non-pecuniary damage. It also ordered the District Court to avoid any further delay in the proceedings.
On 8 September 2006 and 16 October 2006 respectively the President of the District Court and the Ministry of Justice admitted that further unjustified delays had occurred in the proceedings after the Constitutional Court’s judgment.
The District Court has unsuccessfully attempted to obtain an expert opinion. Between November 2005 and February 2008 four different experts informed the District Court that they could not submit an opinion. On 13 February 2008 a fifth expert was appointed and asked to submit an opinion within forty days.
On 13 March 2008 the President of the District Court instructed the judge involved to use all legal means available with a view to avoiding further delays in the proceedings.
The proceedings are pending.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.
THE LAW
On 10 June 2008 the Court received the following declaration from the Government:
“I, Marica Pirošíková, Agent of the Government, declare that the Government of the Slovak Republic offer to pay ex gratia the sum of EUR 5,200 (five thousand two hundred euros) to Mr Ivan Feciskanin 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 9 June 2008 the Court received the following declaration signed by the applicant:
“I, Ivan Feciskanin, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 5,200 (five thousand two hundred 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 public policy 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 AracıLech Garlicki
Deputy RegistrarPresident
Full & Egal Universal Law Academy