Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
57285/18

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC005728518

THIRD SECTION

DECISION

Application no. 57285/18

CIVILCO MKH SPOL. S R.O.

against Slovakia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 12 September 2019 as a Committee composed of:

Dmitry Dedov, President,

Alena Poláčková,

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:

Uzasadnienie faktyczne

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.

Uzasadnienie prawne

THE LAW

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.

Sentencja

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.

Liv Tigerstedt

Dmitry Dedov

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

Application no.

Date of introduction

Applicant's name

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

per applicant

(in euros) 1

57285/18

30/11/2018

CIVILCO MKH spol. s r.o.

23/06/1997

Stanislav Melišek

Bratislava

04/07/2019

01/08/2019

4,410

1

Plus any tax that may be chargeable to the applicant.