FOURTH SECTION
DECISION
Application no. 19643/05
by Ivan PRIDALA
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 9 October 2007 as a Chamber composed of:
MrJ. Casadevall, President,
MrG. Bonello,
MrK. Traja,
MrL. Garlicki,
MsL. Mijović,
MrJ. Šikuta,
MrsP. Hirvelä, judges,
and Mrs F. Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 20 May 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Ivan Pridala, is a Slovak national who was born in 1936 and lives in Myjava. The Slovak Government (“the Government”) were represented by Ms M. Pirošíková, their Agent.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 15 August 1994 the applicant brought an action against his brother seeking the dissolution of their co-ownership of a plot of agricultural land.
The first-instance court held 10 hearings, obtained evidence including expert evidence, determined various procedural issues and examined several court files concerning other proceedings in related matters.
The action is still pending before the Bratislava III District Court (Okresný súd) without any decision having been taken on the merits.
On 13 March 2003, on the applicant’s complaint under Article 127 of the Constitution, the Constitutional Court (Ústavný súd), found that the District Court had violated the applicant’s right under Article 48 § 2 of the Constitution to a hearing without unjustified delay. It ordered the District Court to proceed with the matter promptly, pay the applicant 30,000 Slovakian korunas[1] (SKK) by way of just satisfaction in respect of non-pecuniary damage and reimburse his legal costs.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention that the length of the proceedings had been excessive.
2. The applicant also complained that the length of the proceedings had constituted a violation of his rights protected under Article 1 of Protocol No. 1 to the Convention.
THE LAW
On 28 August 2007 the Court received the following declaration from the Government:
“I, Marica Pirošíková, the Agent of the Government of the Slovak Republic before the European Court of Human Rights, declare that the Government of the Slovak Republic offer to pay ex gratia EUR 5,000 (five thousand euros) to Mr Ivan Pridala with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Slovakian korunas at the rate applicable on the date of payment, and free of any taxes that may 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 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. The payment will constitute the final resolution of the case.”
On 6 September 2007 the Court received the following declaration signed by the applicant:
“I, Ivan Pridala, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum EUR 5,000 (five thousand euros) with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Slovakian korunas at the rate applicable on the date of payment, and free of any taxes that may 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Slovakia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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 discontinue the application of Article 29 § 3 of the Convention and 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 AracıJosep Casadevall
Deputy RegistrarPresident
[1] SKK 30,000 is equivalent to approximately 850 euros.
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