Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
63451/16

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC006345116

FIRST SECTION

DECISION

Application no. 63451/16

Vladimír STUCHLÝ against the Czech Republic

and 2 other applications

(see appended table)

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

Jovan Ilievski, President,

Aleš Pejchal,

Raffaele Sabato, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr M. Kojan, a lawyer practising in Prague.

The applicants' complaints under Article 1 of Protocol No. 1 to the Convention concerning the State rent-control scheme were communicated to the Czech Government ("the Government").

Subsequently, the parties informed the Court that they had agreed to settle the matter at the domestic level regarding these complaints related to their properties as listed in the appended table. The settlement under which the applicants agreed to have their applications struck out of the Court's list of cases is subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court's decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.

Uzasadnienie prawne

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications under Article 37 § 1 in fine.

Accordingly, the applications should be struck out of the list.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to join the applications;

Decides to strike the applications out of its list of cases.

Done in English and notified in writing on 3 October 2019.

Liv Tigerstedt Jovan Ilievski

Acting Deputy Registrar President APPENDIX

List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention

(the rent-control scheme)

No.

Application no.

Date of introduction

Applicant's name

Date of birth

Property concerned

Final domestic decision

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) 1

1.

63451/16

21/10/2016

Vladimír Stuchlý

03/05/1956

Flat no. 12 located in the third over-ground floor of building no. 707 registered in the Prague Nusle cadastral area and situated in Prague

Constitutional Court

II. ÚS 210/16

20,050

2.

76814/16

06/12/2016

Jan Jošt

28/10/1966

Flat no. 5 located in the second over-ground floor of building no. 1386 registered in the Pardubice cadastral area and situated in Pardubice

Constitutional Court

II. ÚS 3219/15

10,420

3.

33675/17

28/04/2017

Renata Volná

25/01/1952

Flat located in the fourth over-ground floor of building no. 643 registered in the Staré Brno cadastral area and situated in Brno

Constitutional Court

I. ÚS 298/17

14,300

1

Plus any tax that may be chargeable to the applicants.