FOURTH SECTION
DECISION
Application no. 46586/06
by Zuzana RIHÁKOVÁ
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 23 September 2008 as a Chamber composed of:
Nicolas Bratza, President,
Giovanni Bonello,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä,
Ledi Bianku,
Nebojša Vučinić, judges,
and Lawrence Early, Section Registrar,
Having regard to the above application lodged on 17 October 2006,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Ms Zuzana Riháková, is a Slovak national who was born in 1953 and lives in Bratislava. She was represented before the Court by Mr P. Erben, a lawyer practising in Bratislava. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The facts of the case, as submitted by the parties, may be summarised as follows.
1. Proceedings concerning the applicant's action of 15 May 2000
On 15 May 2000 the applicant filed an action for distribution of marital property with the Bratislava I District Court.
The District Court scheduled five hearings between 30 April 2004 and 28 June 2005.
In July and August 2005 the applicant submitted further information at the District Court's request. On 20 February 2006 she asked the District Court to proceed with the case.
On 9 June 2006 the District Court decided to obtain the opinion of an expert. It was elaborated on 26 July 2006. The parties commented on it on 27 November 2006 and 5 January 2007 respectively.
On 5 September 2007 the District Court asked the expert to submit a new opinion.
On 5 March 2008 the applicant extended her claim.
On 7 May 2008 the expert informed the District Court that the applicant had failed to co-operate with her. On 15 May 2008 the expert asked for a sixty-days' extension of the time-limit for submitting the opinion.
The proceedings are pending.
2. Constitutional proceedings
On 9 December 2003 the Constitutional Court found that the District Court had violated the applicant's right under Article 6 § 1 of the Convention to a hearing within a reasonable time. The duration of the proceedings could be imputed neither to the complexity of the case nor to the applicant's conduct. Several delays totalling 31 months were attributable to the District Court which had only started to deal with the merits of the case after more than three and a half years had elapsed since the date of initiation of the proceedings.
The Constitutional Court awarded SKK 25,000 (the equivalent of EUR 608 at that time) to the applicant as just satisfaction in respect of non-pecuniary damage. It also ordered the District Court to avoid any further delay in the proceedings.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings.
THE LAW
On 31 July 2008 the Court received the following declaration from the Government:
“I, Marica Pirošíková, Agent of Government, declare that the Government of the Slovak Republic offer to pay ex gratia the sum of EUR 4,500 (four thousand five hundred euros) to Mrs Zuzana Riháková 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 will be 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 21 July 2008 the Court received the following declaration signed by the applicant:
“I, Zuzana Riháková, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 4,500 (four thousand five hundred 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 will be 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).
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Lawrence EarlyNicolas Bratza
RegistrarPresident
Full & Egal Universal Law Academy