THIRD SECTION
DECISION
Application no. 37370/02
by Jerneja SEVŠEK
against Slovenia
The European Court of Human Rights (Third Section), sitting on 30 November 2006 as a Chamber composed of:
MrC. Bîrsan, President,
MrB.M. Zupančič,
MrV. Zagrebelsky,
MrsA. Gyulumyan,
MrDavid Thór Björgvinsson,
MrsI. Ziemele,
MrsI. Berro-Lefèvre, judges,
and Mr V. Berger, Section Registrar,
Having regard to the above application lodged on 4 October 2002,
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, Mrs Jerneja Sevšek, is a Slovenian national who was born in 1981 and lives in Celje. She is represented before the Court by Mrs M. Nosan, a lawyer practising in Celje.
The respondent Government (“the Government”) are represented by Mr L. Bembič, State Attorney-General.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 23 January 1994 the applicant had an accident in a ski resort Rogla and broke two bones in her left forearm. The ski resort was under the management of the company named Unior which had taken out liability insurance with the insurance company ZT.
Following the ski accident, the applicant sought medical assistance in the Celje General Hospital. She underwent an operation and had the broken bones reset. Due to an alleged medical mistake, the plaster on the injured arm was prematurely removed and then negligently replaced. This caused incorrect healing of the bones. As a result, the applicant had to undergo another operation where the bones were again broken and reset. The Celje General Hospital had taken out liability insurance with the insurance company ZT.
1. The proceedings against ZT concerning the ski accident
On 18 July 1994 the applicant instituted civil proceedings against ZT in the Celje Basic Court (Temeljno sodišče v Celju) seeking damages in the amount of 550,000 Slovenian tolars (approximately 2,300 euros) for the injuries sustained.
On 1 January 1995 the reform of the Slovenian judicial system took effect and the case was transferred to the Celje District Court (Okrožno sodišče v Celju).
On 23 January, 10 and 22 April 1997 the court held hearings. At the last hearing the court issued an interim judgment finding that ZT bore full liability for the accident occurred. The judgment was served on the applicant on 26 May 1997.
At an undetermined time, ZT appealed to the Celje Higher Court (Višje sodišče v Celju).
On 24 September 1997 the court allowed the ZT’s appeal and annulled the first-instance court’s judgment due to wrongful application of law and insufficient fact finding. The case was remitted to the Celje District Court for re-examination. The judgment was served on the applicant on 15 November 1997.
On 24 March 19998 the Celje District Court held a hearing.
On 15 April 1998 the court issued a ruling finding ZT partially liable for the skiing accident. The judgment was served on the applicant on 17 October 1998.
Both parties appealed to the Celje Higher Court.
On 31 March 1999 the court allowed the applicant’s appeal, dismissed ZT’s appeal and remitted the case, in part, to the first-instance court for new fact finding. The judgment was served on the applicant on 12 June 1999.
At an undetermined time, ZT lodged an appeal on points of law to the Supreme Court (Vrhovno sodišče).
The court allowed ZT’s appeal and remitted the entire case to the first-instance court for re-examination. The judgment was served on the applicant on 1 August 2000.
On 7 November 2000 the Celje District Court held a hearing and ruled on the case. The judgment, finding ZT liable for the accident in part was served on the applicant on 12 February 2001.
Both parties appealed to the Celje Higher Court. The Court allowed both appeals, annulled the first-instance court’s judgment and remitted the case to the first-instance court for new fact finding. The judgment was served on the applicant on 11 September 2002.
The proceedings are pending before the first-instance court.
2. The proceedings against ZT concerning the medical malpractice
On 18 July 1994 the applicant instituted civil proceedings against ZT in the Celje Basic Court (Temeljno sodišče v Celju) seeking damages in the amount of 2,400,000 Slovenian tolars (approximately 10,000 euros) for the injuries sustained.
On 1 January 1995 the reform of the Slovenian judicial system took effect and the case was transferred to the Celje District Court (Okrožno sodišče v Celju).
During the proceedings the court appointed two medical experts and requested them to deliver expert opinions assessing the damages sustained by the applicant during the medical treatment.
The proceedings are pending before the Celje District Court.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention that her right to a fair trial was violated by the excessive length of the proceedings. She also complained under Article 13 about the lack of an effective domestic remedy in respect of the excessive length of the proceedings.
THE LAW
On 11 September 2006 the Court received the following declaration from the Government:
“I, Lucijan Bembič, Agent of the Republic of Slovenia, declare that the Government of Slovenia offer to pay ex gratia 3,300 euros to Mrs Jerneja Sevšek 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 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...”
On 19 September 2006 the Court received the following declaration signed by the applicant:
“I, Jerneja Sevšek, note that the Government of Slovenia are prepared to pay me ex gratia the sum of 3,300 euros with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights.
This sum is to cover any pecuniary and non-pecuniary damage as well as costs and expenses and 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...
I accept the proposal and waive any further claims against Slovenia in respect of the facts of 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 (Article 39 of the Convention). It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols (Article 37 § 1 in fine of the Convention and Rule 62 § 3 of the Rules of Court).
Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Vincent BergerCorneliu Bîrsan
RegistrarPresident
Full & Egal Universal Law Academy