Švandrlík and Others v. the Czech Republic
Struck out of the list
Berörda konventionsartiklar
FIRST SECTION
Application no. 70389/11 Jan ŠVANDRLÍK against the Czech Republic and 4 other applications (see appendix )
The European Court of Human Rights (First Section), sitting on 15 December 2015 as a Committee composed of:
Ledi Bianku, President, Aleš Pejchal, Armen Harutyunyan, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above applications,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants are Czech nationals whose names and dates of birth are tabulated below.
The Czech Government (“the Government”) were represented by their Agent, Mr V.A. Schorm, from the Ministry of Justice.
The applicants complained under Article 6 of the Convention of the length of the proceedings to which they were or have been parties.
On the dates specified in the Annex the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the Czech Republic in respect of the facts giving rise to these applications against an undertaking by the Government to pay them the amounts indicated in the Annex to cover any non-pecuniary damage as well as costs and expenses, which will be converted into Czech crowns at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. They will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay those sums within the said three-month period, the Government undertook 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.
THE LAW
Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications and examine them in a single decision.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications,
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 7 January 2016.
André Wampach Ledi Bianku Deputy Registrar President
APPENDIX
Application number
Date
of lodging
Applicant’s name and
date of birth
Friendly settlement
agreements
Dates of the parties’
submissions to the Court
Amounts to be paid (in euros)
70389/11
02/11/2011
Jan Švandrlík
09/07/1960
15/10/2015
13/11/2015
1,300
28478/12
04/05/2012
Eva Brabcová
07/04/1933
09/11/2015
13/11/2015
5,200
17936/13
07/03/2013
Štěpán Severin
23/01/1968
Martin
Severin
14/08/1966
Eva Severinová
24/05/1944
27/10/2015
13/11/2015
3,400
3,400
3,400
29908/13
29/04/2013
Karel Dekar
11/04/1978
13/10/2015
13/11/2015
3,600
13170/15
13/07/2015
Věra Kovářová
16/02/1944
Jolana Soušková
21/01/1966
Pavlína Seifertová
26/08/1973
07/11/2015
13/11/2015
3,400
3,400
3,400