Mlakyta and Elpram, S.R.O. and Eurofinanz, S.R.O. v. Slovakia

THIRD SECTION

Applications nos. 43917/19 and 43977/19

Vladimir MLAKYTA and ELPRAM, S.R.O.

against Slovakia and EUROFINANZ, S.R.O. against Slovakia

The European Court of Human Rights (Third Section), sitting on 30 April 2020 as a Committee composed of:

Dmitry Dedov, President, Alena Poláčková, Gilberto Felici, 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 regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

The applicants’ 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 friendly-settlement declarations under which the applicants agreed to waive any further claims against Slovakia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts 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.

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.

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 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 22 May 2020.

Liv Tigerstedt Dmitry Dedov Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Date of birth /

Date of registration

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage

per applicant/household

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

43917/19

12/08/2019

Household

Vladimir MLAKYTA

04/06/1963

ELPRAM, S.R.O.

11/07/2003

Martin Dočár

Bratislava

25/03/2020

21/01/2020

2,600

250

43977/19

09/08/2019

EUROFINANZ, S.R.O.

12/11/2003

Martin Burian

Žilina

25/03/2020

30/01/2020

5,200

250

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

[2] Plus any tax that may be chargeable to the applicant and the applicant companies.