FOURTH SECTION
DECISION
Application no. 13500/05
by Rastislav VARGIC
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 18 September 2007 as a Chamber composed of:
SirNicolas Bratza, President,
MrG. Bonello,
MrK. Traja,
MrL. Garlicki,
MsL. Mijović,
MrJ. Šikuta,
MrsP. Hirvelä, judges,
and Mr T.L. Early, Section Registrar,
Having regard to the above application lodged on 21 March 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 Rastislav Vargic, is a Slovak national who was born in 1940 and lives in Bánovce Nad Bebravou. He was represented before the Court by Ms G. Matušková, a lawyer practising in Banská Bystrica. 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 29 January 1997 a bank brought an action against the applicant seeking an order for payment of an amount of money owed under a business loan contract of 24 October 1992.
On 24 February 1997 the bank’s claim was allowed in summary proceedings and a payment order (platobný rozkaz) was made. The applicant successfully appealed against the making of the order.
On 19 June 2006 the bank’s claim was allowed by the Trenčín District Court (Okresný súd) in ordinary proceedings and the judgment was upheld on the applicant’s appeal by the Trenčín Regional Court (Krajský súd) on 31 January 2007.
The applicant complained of the length of the proceedings on two occasions to the Constitutional Court (Ústavný súd) under Article 127 of the Constitution.
On 8 September 2004 and 24 may 2007 the Constitutional Court found that the length of the proceedings had been excessive. The first finding was supplemented by an injunction ordering the lower court to proceed with the matter promptly and in both judgments the applicant was awarded compensation in respect of non-pecuniary damage in a total amount of 20,000 Slovakian korunas[1] (SKK), together with reimbursement of his legal costs.
COMPLAINTS
1. The applicant complained under Article 6 § 1 of the Convention that the length of his proceedings had been excessive.
2. The applicant also complained under Article 13 of the Convention that he had not had an effective remedy at his disposal in respect of the length of his proceedings.
THE LAW
On 18 July 2007 the Court received the following declaration signed by the applicant:
“I, Rastislav Vargic, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 2,800 (two thousand eight 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 Slovak 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.”
On 22 August 2007 the Court received the following declaration signed by the Agent of 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 2,800 (two thousand eight hundred euros) to Mr Rastislav Vargic 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 Slovak 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.”
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).
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.
T.L. EarlyNicolas Bratza
RegistrarPresident
[1] SKK 40,000 is equivalent to approximately 1,150 euros.
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