FOURTH SECTION
DECISION
Application no. 12805/10
by Anna HUTÁROVÁ
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 7 December 2010 as a Committee composed of:
David Thór Björgvinsson, President,
Päivi Hirvelä,
Mihai Poalelungi, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 23 February 2010,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Ms Anna Hutárová, a Slovak national who was born in 1942 and lives in Trnava. She was represented before the Court by Ms M. Kuciaňová, a lawyer practising in Piešťany. The Government of the Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
On 2 October 1990 the applicant lodged an action with the Trnava District Court seeking division of matrimonial property.
The case has been dealt with by the courts at two levels of jurisdiction and in February 2010 the proceedings were still pending.
On 16 February 2004 the Constitutional Court found that the Trnava District Court had violated the applicant’s right to a hearing within a reasonable time. It ordered that the District Court pay to the applicant 60,000 Slovakian korunas (SKK) as just satisfaction, proceed without further delays and reimburse the applicant’s legal costs.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention that the proceedings had lasted too long.
She also complained that her right to an effective remedy under Article 13 of the Convention and her right to enjoy her possessions within the meaning of Article 1 of Protocol No. 1 had been violated.
THE LAW
On 6 September 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 7,700 (seven thousand seven hundred euros) to Ms Anna Hutárová 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 19 July 2010 the Court received the following declaration signed by the applicant’s legal representative:
“I, Magdaléna Kuciaňová, the lawyer, note that the Government of the Slovak Republic are prepared to pay ex gratia the sum of EUR 7,700 (seven thousand seven hundred euros) to Anna Hutárová 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.
Having consulted my client, I would inform you that she accepts the proposal and waives any further claims against Slovakia in respect of the facts giving rise to this application. She declares 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 AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy