FIRST SECTION
DECISION
Application no. 30609/09
Mojmír KREJČÍ
against the Czech Republic
The European Court of Human Rights (First Section), sitting on 13 September 2016 as a Committee composed of:
Ledi Bianku, President,
Aleš Pejchal,
Armen Harutyunyan, judges,
and Renata Degener, Deputy Section Registrar,
Having regard to the above application lodged on 29 May 2009,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Mojmír Krejčí, is a Czech national, who was born in 1947 and lives in Prague. He was represented before the Court by Mr J. Rychtář, a lawyer practising in Prague.
The Czech Government (“the Government”) were represented by their Agent, Mr Vít A. Schorm, from the Ministry of Justice.
The applicant, owner of a tenement house in Prague in which twelve flats were rented under the State rent-control scheme, complained under Article 1 of Protocol No. 1 that the scheme violated his right to property which the State had failed to protect.
After the Government had been given notice of the application they informed the Court, by a letter dated on 27 June 2016, that they had reached a settlement with the applicant, and submitted a common declaration signed by the parties that reads as follows:
“The Government of the Czech Republic, represented before the European Court of Human Rights by their Agent Mr Vít Alexander Schorm (“the Government”), and Mojmír Krejčí, represented by his counsel Mr Jaroslav Rychtář (“the Applicant”), declare that:
1. they have reached a friendly settlement of case no. 30609/09 - Krejčí v. the Czech Republic (“the Application”) pending before the European Court of Human Rights (“the Court”),
2. the Government will pay the Applicant, within three months from the publication of the decision by which the Court strikes the Application out of its list of cases pursuant to Article 39 § 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, a total amount of EUR 23,500 (twenty three thousand five hundred euros), converted into CZK (Czech korunas) at the rate applicable on the date of payment, to a bank account that the Applicant will specify to the Ministry of Justice without undue delay upon request,
3. the above-mentioned sum is to cover any and all pecuniary and non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the Applicant; the Government note in this context that according to Article 3 § 4(d) of Act no. 586/1992, on income tax, payment based on a friendly settlement of a case before the Court is not subject to personal income tax,
4. if the above-mentioned amount is not paid within the said period of three months, then from the expiry date of that period until payment, a simple interest on the amount shall be paid at an annual rate equal to the marginal lending rate of the European Central Bank plus three percentage points,
5. the Applicant waives any further claims against the Czech Republic based on the facts of the Application and regards this friendly settlement as the final resolution of the Application,
6. the Applicant takes due note of the fact that in order to bind the Czech Republic the terms of this declaration are subject to further approval by the Government in accordance with applicable procedures; the Government shall notify the declaration to the Court after the approval has been given.”
THE LAW
In the light 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 its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the case 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 6 October 2016.
Renata DegenerLedi Bianku
Deputy RegistrarPresident
Full & Egal Universal Law Academy