FIFTH SECTION
DECISION
Application no. 71662/10
Gregor OJSTERŠEK
against Slovenia
The European Court of Human Rights (Fifth Section), sitting on 28 May 2013 as a Committee composed of:
Ann Power-Forde, President,
Boštjan M. Zupančič,
Helena Jäderblom, judges,
and Stephen Phillips, Deputy Section Registrar,
Having regard to the above application lodged on 1 December 2010,
Having regard to the applicant’s withdrawal of the application,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Gregor Ojsteršek, is a Slovenian national, who was born in 1978 and lives in Celje. He was represented before the Court by Mr B. Verstovšek, a lawyer practising in Celje.
The Slovenian Government (“the Government”) were represented by their Agent.
The applicant was a party to civil proceedings, which were instituted in 2005 and were in 2012 still pending at first-instance despite the fact that the applicant successfully availed himself of both acceleratory remedies under the Act on the Protection of the Right to a Trial without undue Delay (“the 2006 Act”). The applicant complained under Article 6 § 1 of the Convention about the excessive length of proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.
After the Government had been given notice of the application, they informed the Court that the applicant had received compensation in domestic proceedings. By a letter of 8 April 2013 the applicant informed the Court that he wished to withdraw his application introduced before the Court.
THE LAW
The Court takes note that the matter has been resolved at the domestic level and that the applicant wishes to withdraw his application. It is satisfied that respect for human rights as defined in the Convention or its Protocols does not require the examination of the application to be continued (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list in accordance with Article 37 § 1 (a) of the Convention.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Stephen PhillipsAnn Power-Forde
Deputy RegistrarPresident
Full & Egal Universal Law Academy