Kohútová Bérešová v. Slovakia

FIRST SECTION

Application no. 28614/19 Marianna KOHÚTOVÁ BÉREŠOVÁ against Slovakia

The European Court of Human Rights (First Section), sitting on 11 March 2021 as a Committee composed of:

Péter Paczolay, President, Alena Poláčková, Gilberto Felici, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 21 May 2019,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant was represented by Mr J. Klučka , a lawyer practising in Košice.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Slovak Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amount detailed in the appended table. That amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay that amount within the above-mentioned three-month period, the Government undertake 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 LAW

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 the Protocols thereto and finds no reasons to justify a 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 1 April 2021.

Viktoriya Maradudina Péter Paczolay 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

Year of birth

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for any and all damage, as well as costs and expenses

(in euros) [1]

28614/19

21/05/2019

Marianna KOHÚTOVÁ BÉREŠOVÁ

1967

04/01/2021

08/02/2021

10,650

[1] Plus any tax that may be chargeable to the applicant.