Cestnik and Others v. Slovenia

FIFTH SECTION

Application no. 45890/06 Mira CESTNIK against Slovenia and 3 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 30 August 2011 as a Committee composed of:

Ganna Yudkivska, President, Boštjan M. Zupančič, Angelika Nußberger, judges, and Stephen Phillips, Deputy Section Registrar,

Having regard to the above applications,

Having regard to the settlement agreements signed by the parties,

Having deliberated, decides as follows:

THE FACTS

All the applicants are Slovenian nationals living in Slovenia.

The applicant Ms Mira Cestnik was represented before the Court by Mr Z. Lipej, a lawyer practising in Medvode. The applicants Ms Ljudmila Roethel and Ms Frančiška Kadunc were represented before the Court by Ms M. Verstovšek, a lawyer practicing in Ljubljana. Mr Janez Smrke was represented before the Court by Mr Z. Lipej, a lawyer practicing in Medvode. Mr Roman Deželak was represented before the Court by Mr V. Stefanovič, a lawyer practicing in Maribor.

The Slovenian Government (“the Government”) were represented by their Agent.

All the applicants were parties to proceedings which were terminated less than three months after the implementation of the 2006 Act on the Protection of the Right to a Trial without Undue Delay (“the 2006 Act”).

COMPLAINTS

The applicants complained under Article 6 § 1 of the Convention about the excessive length of civil proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.

THE LAW

In the present cases the Court notes that, after the Government had been given notice of the applications, they informed the Court that they had made a settlement proposal to the applicants.

By the settlement agreements signed by the State Attorney’s Office and the applicants, the former acknowledged a violation of the right to a trial within a reasonable time and accepted to pay the applicants the non-pecuniary damage sustained and costs and expenses incurred. The applicants accepted the amount as a full compensation for the damage sustained due to the length of the above proceedings and waived any further claims against the Republic of Slovenia in respect of these complaints.

The applicants subsequently informed the Court that they had reached settlements with the State Attorney’s Office and that they wished to withdraw their applications introduced before the Court.

The Court takes note that following the settlements reached between the parties the matter has been resolved at the domestic level and that the applicants wish to withdraw their applications. It is satisfied that respect for human rights as defined in the Convention or its Protocols does not require the examination of the applications to be continued (Article 37 § 1 in fine of the Convention).

In view of the above, it is appropriate to strike the cases out of the list in accordance with Article 37 § 1 (a) of the Convention.

For these reasons, the Court unanimously

Decides to join the applications;

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

Stephen Phillips Ganna Yudkivska Deputy Registrar President

Appendix

No

Application No

Lodged on

Applicant name

date of birth

place of residence

Represented by

1.

45890/06

23/10/2006

Mira CESTNIK

06/03/1955

Domžale

Zlatko LIPEJ

2.

184/07

13/12/2006

Ljudmila ROETHEL

20/10/1938

Ljubljana

Frančiška KADUNC

01/12/1940

Ljubljana

Marjana VERSTOVŠEK

3.

6342/07

30/12/2006

Janez SMRKE

29/07/1976

Ljubljana

Zlatko LIPEJ

4.

17965/07

10/04/2007

Roman DEŽELAK

11/02/1978

Dornava

Vladimir STEFANOVIČ