FOURTH SECTION
DECISION
Application no. 58135/09
by Stephen OLLAREK
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 7 September 2010 as a Committee composed of:
Giovanni Bonello, President,
Lech Garlicki,
Ján Šikuta, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 26 October 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Stephen Ollarek, a Slovak national who was born in 1947 and lives in Freeport, the United States of America. He was represented before the Court by Mrs I. Lukačovičová, a lawyer practising in Bratislava. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The applicant complained under Articles 6 § 1 and 13 of the Convention about the length of civil proceedings which started on 24 May 1993 and are still pending. On 1 April 2009 the Constitutional Court found a violation of the applicant's right to a hearing within a reasonable time by the Bratislava II District Court and no violation by the Bratislava Regional Court. It did not award any just satisfaction for non-pecuniary damage suffered.
On 28 and 30 June 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 12,700 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum would be free of any taxes that might be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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
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 application (Article 37 § 1 in fine of the Convention).
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.
Fatoş AracıGiovanni Bonello
Deputy RegistrarPresident
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