THIRD SECTION
DECISION
Application no. 54176/16
Belo KLIMO
against Slovakia
The European Court of Human Rights (Third Section), sitting on 6 June 2017 as a Committee composed of:
Helen Keller, President,
Pere Pastor Vilanova,
Alena Poláčková, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 9 September 2016,
Having regard to the declaration submitted by the respondent Government on 14 February 2017 requesting the Court to strike the application out of the list of cases and the applicant’s reply to that declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Belo Klimo, is a Slovak national, who was born in 1934 and lives in Bratislava. He was represented before the Court by Mr M. Mudrák, a lawyer practising in Bratislava.
The Government of the Slovak Republic (“the Government”) were represented by their Agent, Ms M. Pirošíková.
The applicant complained under Article 6 § 1 of the Convention about the length of his civil proceedings.
The application was communicated to the Government.
After unsuccessful friendly-settlement negotiations, by letter dated 14 February 2017 the Government informed the Court that they proposed to make a declaration with a view to resolving the issues raised by the application.
The declaration provided as follows:
“The Government acknowledge the unreasonable duration of the domestic proceedings in which the applicant was involved.
I, Marica Pirošíková, the Agent of the Government of the Slovak Republic before the European Court of Human Rights, declare that the Government offer to pay to Mr Belo Klimo the sum of EUR 4,410 (four thousand four hundred and ten euros), plus any tax that may be chargeable to the applicant.
The Government would suggest that the above information be accepted by the Court as “any other reason” justifying the striking out of the case of the Court’s list of cases, as referred to in Article 37 § 1 (c) of the Convention.
In the event of the Court’s decision pursuant to Article 37 § 1 of the Convention, the Government undertake to pay to the applicant the declared sum within the three months from the date of notification of the decision. 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. This payment will constitute the final settlement of the case.”
On 3 April 2017, the Court received a letter from the applicant informing the Court that he had agreed to the terms of the Government’s declaration.
THE LAW
The Court finds that following the applicant’s express agreement to the terms of the declaration made by the Government the case should be treated as a friendly settlement between the parties.
It therefore 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.
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 pursuant to Article 39 of the Convention.
Done in English and notified in writing on 29 June 2017.
Fatoş AracıHelen Keller
Deputy RegistrarPresident
Full & Egal Universal Law Academy