FOURTH SECTION
DECISION
Application no. 47381/08
by Anna HRUŠKOVÁ
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 5 October 2010 as a Committee composed of:
Ljiljana Mijović, President,
Ledi Bianku,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 15 December 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Ms Anna Hrušková, is a Slovak national who was born in 1946 and lives in Závadka Nad Hronom. 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.
The applicant's father died in 1983. In the subsequent inheritance proceedings, on 23 May 1984, a State notary delivered a decision.
On 21 August 1984 the Banská Bystrica Regional Court changed the decisions in part and upheld the remaining part of it. The decision became final on 12 October 1984.
On 4 February 1992 the applicant initiated a new set of inheritance proceedings before a State notary. The case was decided by the Banská Bystrica District Court which delivered an inheritance decision on 1 October 2009.
On 21 October 2009 the applicant appealed and on 22 February 2010 the Regional Court upheld the first-instance decision.
On 5 December 2007 the Constitutional Court found that the applicant's right to a hearing within a reasonable time had been violated. It ordered the District Court to proceed without unjustified delay and awarded 50,000 Slovakian korunas (SKK)[1] to the applicant in just satisfaction for non‑pecuniary damage. It also ordered the District Court to reimburse the applicant's legal costs.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention that the proceedings of 1984 had not been fair and that the proceedings of 1992 had lasted too long.
She also complained that her right to enjoy her possessions had been violated by the decisions of the State Notary of 23 May 1984 and of the Regional Court of 21 August 1984.
THE LAW
On 4 June 2010 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 EUR 4,200 (four thousand two hundred euros) to Ms Anna Hrušková 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 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 5 July 2010 the Court received the following declaration signed by the applicant:
“I, Anna Hrušková, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 4,200 (four 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 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 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 AracıLjiljana Mijović
Deputy RegistrarPresident
[1]. SKK 50,000 was equivalent to approximately 1,500 euros (EUR) at that time.
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