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You are here: BAILII >> Databases >> European Court of Human Rights >> ROSIVAL AND OTHERS v. SLOVAKIA - 17684/02 [2008] ECHR 881 (23 September 2008) URL: http://www.bailii.org/eu/cases/ECHR/2008/881.html Cite as: [2008] ECHR 881

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FOURTH SECTION

CASE OF ROSIVAL AND OTHERS v. SLOVAKIA

(Application no. 17684/02)

JUDGMENT

(Friendly settlement)

STRASBOURG

23 September 2008

This judgment is final but it may be subject to editorial revision.

In the case of Rosival and Others v. Slovakia,

The European Court of Human Rights (Fourth Section), sitting as a Chamber composed of:

Nicolas Bratza, President,
Lech Garlicki,
Giovanni Bonello,
Ljiljana Mijović,
David Thór Björgvinsson,
Ján Šikuta,
Päivi Hirvelä, judges,
and Fatoş Aracı, Deputy Section Registrar,

Having deliberated in private on 2 September 2008,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

THE FACTS

THE LAW

“I, Marica Pirošíková, the Agent of the Government of the Slovak Republic before the European Court of Human Rights (hereinafter ‘the Court’), declare that, ex gratia and with a view to securing a friendly settlement of the above-mentioned case pending before the Court and lodged by the applicants whose particulars appear in Appendix 1, the Government of the Slovak Republic (hereinafter “the Government”) undertake to secure restitution of the real property which is the subject of this application, as described in Appendix 2, namely forest lands and forests (hereinafter ‘the real property’), to the applicants (to each of them in equal share) within six months from the date of notification of the Court’s decision pursuant to Article 39 of the European Convention on Human Rights. If the applicants do not acquire the ownership of the real property or parts thereof within the mentioned time-limit, the Government will pay to the applicants jointly such amounts as listed in Appendix 2 and correspond to its official price (official price of the forest lands and forests) fixed on the basis of the expert opinion of Ing. Juraj Blaško no. 1/2002 of 24 February 2002. This undertaking will be discharged by the Government within seven months from the date of notification of the Court’s decision pursuant to Article 39 of the European Convention on Human Rights.

The Government further undertake, within three months from the date of the notification of the Court’s decision pursuant to Article 39 of the European Convention on Human Rights, to pay the applicants jointly a global sum of 35,000 (thirty five thousand) euros in respect of any other pecuniary damage, non-pecuniary damage and costs and expenses they have incurred. This amount will be converted into Slovakian korunas (SKK) at the rate applicable at the date of payment, free of any tax that may be payable.

In the event of failure to pay any sum within the set time-limit (namely seven months or three months, as mentioned above), the Government undertake to pay simple interest on it, from expiry of that time-limit until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

This arrangement will constitute the final resolution of the case and its implementation will be subject to the supervision of the Committee of Ministers.

The Government finally undertake not to request that the case be referred to the Grand Chamber under Article 43 § 1 of the Convention.”

“We, the applicants listed in Appendix 1 to this declaration, note that, ex gratia and with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights (hereinafter ‘the Court’), the Government of the Slovak Republic (hereinafter ‘the Government’) undertake to secure restitution of the real property which is the subject of this application, as described in Appendix 2, namely forest lands and forests (hereinafter “the real property”), to us (to each of us in equal share) within six months from the date of notification of the Court’s decision pursuant to Article 39 of the European Convention on Human Rights. We note that if we do not acquire the ownership of the real property or parts thereof within the mentioned time-limit, the Government will pay to us jointly such amounts as listed in Appendix 2 and correspond to its official price (official price of the forest lands and forests) fixed on the basis of the expert opinion of Ing. Juraj Blaško no. 1/2002 of 24 February 2002. This undertaking will be discharged by the Government within seven months from the date of notification of the Court’s decision pursuant to Article 39 of the European Convention on Human Rights.

Further, we note that the Government undertake, within three months from the date of the notification of the Court’s decision pursuant to Article 39 of the European Convention on Human Rights, to pay us jointly a global sum of 35,000 (thirty five thousand) euros in respect of any other pecuniary damage, non-pecuniary damage and costs and expenses we have incurred. This amount will be converted into Slovakian korunas at the rate applicable at the date of payment, free of any tax that may be payable.

Finally, we note that, in the event of failure to pay any sum within the set time-limit (namely seven months or three months, as mentioned above), the Government undertake to pay simple interest on it, from expiry of that time-limit until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

We accept this proposal and waive any further claims against Slovakia in respect of the facts of this application. We declare that this constitutes a final resolution of the case.

This declaration is made in the context of a friendly settlement which the Government and the applicants have reached.

We lastly undertake not to request that the case be referred to the Grand Chamber under Article 43 § 1 of the Convention.”

FOR THESE REASONS, THE COURT UNANIMOUSLY

Done in English, and notified in writing on 23 September 2008, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Fatoş Aracı Nicolas Bratza
Deputy Registrar President

APPENDIX 1

List of the applicants

APPENDIX 2

THE REAL PROPERTY (lands and forests)