FOURTH SECTION
DECISION
Application no. 33717/05
by Karol JARÁBEK
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 11 September 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrG. Bonello,
MrK. Traja,
MrL. Garlicki,
MsL. Mijović,
MrJ. Šikuta,
MrsP. Hirvelä, judges,
and Mrs F. Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 5 September 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Karol Jarábek, is a Slovak national who was born in 1950 and lives in Bratislava. 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 24 January 2001 the applicant filed an action with the Bratislava III District Court. He claimed the payment of his salary by his employer.
On 24 September 2002 the Constitutional Court found that the Bratislava III District Court had violated the applicant’s right to a hearing without unjustified delay. It noted that not a single hearing had been held in the case and that the District Court had remained inactive for approximately 16 months.
In its judgment the Constitutional Court ordered the District Court to proceed with the case, to decide on it with maximum celerity, and to reimburse the applicant’s costs in the constitutional proceedings. It awarded SKK 20,000 (the equivalent of 470 euros at that time) to the applicant as just satisfaction.
The District Court took further evidence and held five hearings in the course of 2003. On the last mentioned date it adjourned the case with a view to obtaining an expert opinion.
On 7 June 2004 the District Court formally decided to obtain an expert opinion. The opinion was submitted on 22 November 2004. At the court’s request of 12 January 2005, the parties submitted their comments on the opinion in February and April 2005.
On 9 February 2005 the Constitutional Court dismissed the applicant’s second complaint about the length of the proceedings as it had found no unjustified delays imputable to the District Court.
A hearing scheduled for 29 June 2006 had to be cancelled as the case had been transferred to a different District Court judge on 26 May 2006.
On 5 April 2007 the District Court, at the applicant’s request, decided to obtain a second expert opinion.
The proceedings are pending.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.
THE LAW
On 2 July 2007 the Court received the following declaration signed by the Government’s Agent:
“I, Marica Pirošíková, the Agent of the Government of the Slovak Republic before the European Court of Human Rights, declare that the Government of the Slovak Republic offer to pay ex gratia EUR 3,000 (three thousand euros) to Mr Karol Jarábek 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 July 2007 the Court received the following declaration signed by the applicant:
“I, Karol Jarábek, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 3,000 (three thousand 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 reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş Aracı Nicolas Bratza
Deputy RegistrarPresident
Full & Egal Universal Law Academy