FIRST SECTION
DECISION
Application no. 77399/16
Pavel KOLÁŘ and Mojmír Václav KOLÁŘ
against the Czech Republic
(see appended table)
The European Court of Human Rights (First Section), sitting on 3 September 2020 as a Committee composed of:
Krzysztof Wojtyczek, President,
Linos-Alexandre Sicilianos,
Armen Harutyunyan, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 9 December 2016,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr L. Bárta, a lawyer practising in Ostrava.
The applicants’ complaints under Article 1 of Protocol No. 1 to the Convention concerning the State rent-control scheme were communicated to the Czech Government (“the Government”).
Subsequently, the parties informed the Court that they had agreed to settle the matter at the domestic level regarding these complaints. The settlement under which the applicants agreed to have their application struck out of the Court’s list of cases is subject to an undertaking by the Government to pay them the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake 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 case.
THE LAW
In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the application should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 24 September 2020.
Liv TigerstedtKrzysztof Wojtyczek
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 1 of Protocol No. 1 to the Convention
(rent-control scheme)
Application no.
Date of introduction
Applicant’s name
Date of birth
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per household
(in euros)[1]
77399/16
09/12/2016
Household
Pavel KOLÁŘ
1995
Mojmír Václav KOLÁŘ
2000
46,000
[1] Plus any tax that may be chargeable to the applicants.
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