THIRD SECTION
DECISION
Application no. 65989/11
Gabriel FOCKO and others
against Slovakia
The European Court of Human Rights (Third Section), sitting on 29 September 2015 as a Committee composed of:
Kristina Pardalos, President,
Valeriu Griţco,
Armen Harutyunyan, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 21 October 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are sixteen Slovak nationals whose particulars are set out in the appendix. They were represented before the Court by Ms I. Rajtáková, a lawyer practicing in Košice.
The Slovak Government (“the Government”) were represented by their Agent, Ms M. Pirošíková.
The applicants complained under Article 6 § 1 of the Convention about the length of their civil proceedings.
On 30 June and 3 July 2015 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application against an undertaking by the Government to pay: 3,750 euros to each of the applicants listed under points 1 to 13 in the appendix and 1,250 euros to each of the applicants listed under points 14 to 16 in the appendix. These sums are to cover any pecuniary and non‑pecuniary damage as well as costs and expenses, they will be free of any taxes that may be applicable and they will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from the 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.
THE LAW
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. In view of the above, it is appropriate 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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 22 October 2015.
Marialena TsirliKristina Pardalos
Deputy RegistrarPresident
Appendix
1. Mr Gabriel Focko was born in 1971 and lives in Zlatá Idka;
2. Ms Mária Filčáková was born in 1935 and lives in Zlatá Idka;
3. Mr Peter Focko was born 1980 and lives in Zlatá Idka;
4. Ms Jana Focková was born in 1973 and lives in Zlatá Idka;
5. Ms Anna Tokárová was born in 1934 and lives in Zlatá Idka;
6. Ms Térézia Želinská was born in 1930 and lives in Zlatá Idka;
7. Ms Margita Potočňáková was born in 1947 and lives in Košice;
8. Ms Mária Martinčková was born in 1929 and lives in Zlatá Idka;
9. Ms Anna Idesová was born in 1957 and lives in Košice;
10. Mr Stanislav Hadzok was born in 1977 and lives in Zlatá Idka;
11. Ms Martina Neksová was born in 1978 and lives in Vtáčkovce;
12. Ms Alena Kalafusová was born in 1960 and lives in Košice;
13. Ms Mária Bodnárová was born in 1957 and lives in Košice;
14. Mr Ladislav Frágner was born in 1940 and lives in Jasov;
15. Mr Marek Frágner was born in 1967 and lives in Pezinok;
16. Ms Lenka Lešnianská was born in 1971 and lives in Vranov nad
Topľou.
The applicants listed respectively under points 14, 15 and 16 are heirs of the deceased original applicant, Ms Margdaléna Frágnerová, who was born in 1945 and lived in Jasov.
Full & Egal Universal Law Academy