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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Ioan Kornelij KOMANICKY v Slovakia - 54136/08 [2010] ECHR 1714 (5 October 2010) URL: http://www.bailii.org/eu/cases/ECHR/2010/1714.html Cite as: [2010] ECHR 1714 |
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FOURTH SECTION
DECISION
Application no.
54136/08
by Ioan Kornelij KOMANICKÝ
against Slovakia
The European Court of Human Rights (Fourth Section), sitting on 5 October 2010 as a Committee composed of:
Ljiljana
Mijović,
President,
Ledi
Bianku,
Nebojša
Vučinić,
judges,
and
Fatoş Aracı, Deputy
Section Registrar,
Having regard to the above application lodged on 3 November 2008,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Ioan Kornelij Komanický, is a Slovak national who was born in 1943 and lives in Bardejov. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 11 November 1996 the applicant lodged a civil action for severance pay with the Bardejov District Court (file no. 4C 961/96).
On 15 February 2006 the Constitutional Court found a violation of the applicant's right under Article 6 § 1 of the Convention to a hearing within a reasonable time. It ordered the District Court to proceed without further delay, awarded 30,000 Slovakian korunas (SKK)1 to the applicant in just satisfaction in respect of non-pecuniary damage and ordered the reimbursement of the applicant's costs.
On 15 April 2008 the District Court rendered a judgment.
On 14 September 2009 the Prešov Regional Court upheld the judgment following the applicant's appeal.
In February 2008 the applicant again complained to the Constitutional Court that the proceedings before the District Court had been delayed.
On 10 April 2008 the Constitutional Court rejected the complaint as manifestly ill-founded.
On 10 November 2009 the applicant lodged an appeal on points of law against the decision of the Regional Court with the Supreme Court. The proceedings are pending.
COMPLAINTS
The applicant complained under Article 6 § 1 of the Convention that the proceedings had lasted too long.
He also complained of a violation of Article 6 § 1 of the Convention in conjunction with Articles 13 and 14 of the Convention.
THE LAW
On 5 July 2010 the Court received the following declaration from the Government:
“I, Marica Pirošíková, Agent of the Government, declare that the Government of the Slovak Republic offer to pay ex gratia EUR 3,700 (three thousand seven hundred euros) to Mr Ioan Kornelij Komanický with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It 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 this sum within the said three-month period, the Government undertake to pay simple interest on it, 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 payment will constitute the final resolution of the case. ”
On 8 June 2010 the Court received the following declaration signed by the applicant:
“I, Ioan Kornelij Komanický, the applicant, note that the Government of the Slovak Republic are prepared to pay me ex gratia the sum of EUR 3,700 (three thousand seven hundred euros) with a view to securing a friendly settlement of the above mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable. It 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Slovakia in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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.
Since the proceedings concerned are still pending before the domestic courts, the Court's strike-out decision is without prejudice to use by the applicant of other remedies to obtain redress for any delay in the proceedings which may occur after the date of this decision.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş Aracı Ljiljana
Mijović
Deputy Registrar President
1. SKK 30,000 was equivalent of approximately 800 euros (EUR) at that time.
