FOURTH SECTION
DECISION
Application no. 2348/06
by Anna JUSKOVÁ and Július JUSKO
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 13 November 2008 as a Chamber composed of:
Nicolas Bratza, President,
Giovanni Bonello,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä,
Ledi Bianku,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 3 January 2006,
Having regard to the formal declarations accepting a friendly settlement of the case.
Having deliberated, decides as follows:
THE FACTS
The first applicant, Ms Anna Jusková, is a Slovakian national who was born in 1924 and lives in Košice. She is represented before the Court by her son Mr Jakub Jusko, who was appointed as her legal guardian by a court’s decision of 1998.
The second applicant, Mr Július Jusko, was a Slovakian national who was born in 1923 and died in 2007. He was the first applicant’s former husband and father of Mr Jakub Jusko. In 2008 Mr Jakub Jusko informed the Court that he wished to pursue the application in the second applicant’s stead.
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 4 June 1998 the applicants lodged an action with the Košice I District Court. They asked the District Court to order their relative to vacate a flat. The District Court decided the action on 7 December 2000.
On 4 September 2001 the Košice Regional Court quashed the first-instance judgment and remitted the case to the District Court.
On 5 December 2002 the District Court stayed the proceedings pending the outcome of another set of proceedings in which the capacity of the first applicant to act was being determined.
On 30 June 2003 the Regional Court quashed the above decision and remitted the case to the court of first instance.
As the applicants’ file had been lost, the District Court started to reconstruct it on 6 August 2004.
On 1 December 2004, on a complaint by the applicants, the Constitutional Court found that the District Court had violated their right under Article 48 § 2 of the Constitution to a hearing without unjustified delay and their right under Article 6 § 1 of the Convention to a hearing within a reasonable time.
The Constitutional Court held that the complexity of the case and the applicants’ conduct could not justify the length of the proceedings. The total period of inactivity of twenty-eight months was imputable to the District Court. The Constitutional Court acknowledged the applicants’ legal and factual uncertainty resulting from the loss of their court file.
The Constitutional Court awarded the applicants 20,000 Slovakian korunas (SKK) (the equivalent to 509 euros at that time) each as just satisfaction in respect of non-pecuniary damage. It also ordered the District Court to avoid any further delay in the proceedings and to reimburse the applicants’ costs.
As from 30 August 2007 a part of the action has been dealt with in a separate set of proceedings before the District Court.
Following the death of the second applicant, the first applicant withdrew the action on 14 October 2007.
A hearing was held on 21 November 2007. It was adjourned until an undetermined date in order to examine the District Court’s file concerning inheritance proceedings in respect of the late second applicant’s estate.
The defendant did not agree with the first applicant’s withdrawal of the action. His submission was delivered to the District Court on 11 July 2008.
The proceedings are pending.
COMPLAINT
The applicants complained under Article 6 § 1 of the Convention about the length of the proceedings.
THE LAW
On 25 September 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 4,700 (four thousand seven hundred euros) to Mrs Anna Jusková and Mr Jakub Jusko each with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
These sums, which are to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Slovakian korunas at the rate applicable at the date of settlement in case of payment prior to 1 January 2009, and free of any taxes that may be applicable. They 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 these sums within the said three-month period, the Government undertake to pay simple interest on them, 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 2 October 2008 the Court received the following declaration signed by Mr Jakub Jusko for himself and also on behalf of the first applicant:
“We, Anna Jusková and Jakub Jusko, note that the Government of the Slovak Republic are prepared to pay us ex gratia the sum of EUR 4,700 (four thousand seven hundred euros) each with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
These sums, which are to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Slovakian korunas at the rate applicable at the date of settlement in case of payment prior to 1 January 2009, and free of any taxes that may be applicable. They 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 these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.
We accept the proposal and waive any further claims against Slovakia in respect of the facts giving rise to this application. We 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.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy