THIRD SECTION
DECISION
Application no. 3397/09
Roman KAVALEC against Slovakia
and two other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 17 September 2013 as a Committee composed of:
Luis López Guerra, President,
Ján Šikuta,
Nona Tsotsoria, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged on 5 January 2009 and 18 March 2009,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Government of the Slovak Republic (“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. They also complained of a violation of their rights under Article 14 of the Convention.
On 12 March 2013, 25 March 2013 and 10 April 2013 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 these applications against an undertaking by the Government to pay 5,000 euros to each of them to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum will be free of any taxes that may be applicable and it 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 this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 cases.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court unanimously
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Marialena TsirliLuis López Guerra
Deputy RegistrarPresident
Appendix
No
Application No.
Lodged on
Applicant
Year of birth
Place of residence
3397/09
05/01/2009
Roman KAVALEC
1974
Štiavnik
3409/09
05/01/2009
Tibor KAVALEC
1967
Štiavnik
16316/09
18/03/2009
Anna GÁLLOVÁ
1948
Spišská Nová Ves
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