Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
Application no. 57285/18
CIVILCO MKH SPOL. S R.O.
(see appended table)
The European Court of Human Rights (Third Section), sitting on 12 September 2019 as a Committee composed of:
Dmitry Dedov, President,
Gilberto Felici, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 November 2018,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant's reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant company's details are set out in the appended table.
The applicant company was represented by Mr S. Melišek, a lawyer practising in Bratislava.
The applicant company's complaint under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings was communicated to the Slovak Government ("the Government").
After unsuccessful friendly-settlement negotiations, the Government submitted a unilateral declaration with a view to resolving the issue raised by this complaint. They further requested the Court to strike out the application.
The Government acknowledged the excessive length of civil proceedings. They offered to pay the applicant company the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be payable within three months from the date of notification of the Court's decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertook to pay simple interest on it, from the 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 applicant company informed the Court that it agreed to the terms of the declaration.
The Court finds that, following the applicant company's express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the Protocols thereto and finds no reasons to justify the continued examination of the application.
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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 3 October 2019.
Acting Deputy Registrar
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
Date of introduction
Date of registration
Representative's name and location
Date of receipt of Government's declaration
Date of receipt of applicant's acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros) 1
CIVILCO MKH spol. s r.o.
Plus any tax that may be chargeable to the applicant.