Mullerova and Others v. Slovakia

FOURTH SECTION

Application no. 5970/08 by Margita MÜLLEROVÁ and Others against Slovakia

The European Court of Human Rights (Fourth Section), sitting on 22 June 2010 as a Committee composed of:

David Thór Björgvinsson, President, Päivi Hirvelä, Mihai Poalelungi, judges, Fatoş Aracı, Deputy Section Registrar ,

Having regard to the above application lodged on 25 January 2008,

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

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by three Slovak nationals. The first applicant, Ms Margita Müllerová, was born in 1959. The second applicant, Ms Alžbeta Hudáková, was born in 1934. The third applicant, Mr Peter Hudák, was born in 1955. The applicants live in Vyšný Klátov. They were represented before the Court by Mr R. Belanský, a lawyer practising in Košice. The Slovak Government (“the Government”) were represented by their Agent, Mrs M. Pirošíková.

The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings which started on 26 October 1988 and ended on 4 September 2008. On 23 August 2007 the Constitutional Court rejected their complaint.

On 26 April and 11 May 2010 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application against an undertaking by the Government to pay them 14,100 euros each to cover any pecuniary and non-pecuniary damage as well as costs and expenses. These sums would be free of any taxes that might be applicable. They 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 payments 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 its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

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.

Fatoş Aracı David Thór Björgvinsson Deputy Registrar President