FIFTH SECTION

FINAL DECISION

AS TO THE ADMISSIBILITY OF

Application no. 1714/04 by Karel MRUZEK against the Czech Republic

The European Court of Human Rights (Fifth Section), sitting on 25 March 2008 as a Chamber composed of:

Peer Lorenzen, President , Karel Jungwiert, Volodymyr Butkevych, Renate Jaeger, Mark Villiger, Isabelle Berro-Lefèvre , Mirjana Lazarova Trajkovska, judges , and Claudia Westerdiek, Section Registrar ,

Having regard to the above application lodged on 29 December 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together ,

Having regard to the partial decision of 2 May 2006 ,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The app licant, Mr Karel Mruzek, is a Czech national who was born in 1947 and lives in Ostrava . The Czech Government (“the Government”) were represented by their Agent, Mr V.A. Schorm , from the Ministry of Justice .

A. The circumstances of the case

The facts of the case, as submitted by the parties, may be summarised as follows.

On 3 July 1995 the applicant filed an action for payment of 197,135 CZK (EUR 7,606 [1] ) against a private company with the Brno Regional Commercial Court ( krajský obchodní soud ).

The proceedings terminated in a decision of the Constitutional Court ( Ústavní soud ) of 5 October 2006.

B. Relevant domestic law and practice

The relevant domestic law and practice concerning remedies for the excessive length of judicial proceedings are stated in the Court ’ s decision in the case of Vokurka v. Czech Republic , no. 40552/02 (dec.), §§ 11-24, 16 October 2007).

COMPLAINT

The applicant complained under Article 6 § 1 of the Convention about the excessive length of the proceedings .

THE LAW

The applicant complain ed of the length of the proceedings which, according to him , i s in breach of the “reasonable time” requirement laid down in Article 6 § 1 of the Convention which, so far as relevant, reads as follows:

“In the determination of his civil rights and obligations ... everyone is entitled to a ... hearing within a reasonable time by [a] ... tribunal.”

The Government noted that the applicant could have resorted to the compensatory remedy provided for by Act no. 82/1998. The applicant did not wish to use this remedy.

The Court has already examined that remedy for the purposes of Article 35 § 1 of the Convention and found it effective in respect of certain complaints about the length of judicial proceedings in the Czech Republic . In particular, it considered that the remedy was capable of providing adequate redress for any breach of the reasonable time requirement that has already occurred (see Vokurka v. Czech Republic , cited above, §§ 58-65).

However, the applicant despite having been informed by the Court of the possibility of using this remedy maintained that he should not be required to exhaust such a remedy. It thus appears that he has chosen not to avail himself of this remedy.

The Court therefore considers that the applicant has not exhausted domestic remedies within the meaning of Article 35 § 1 of the Convention. Th e remainder of the application must the refore be declared inadmissible.

In view of the above, it is appropriate to discontinue the application of Article 29 § 3 of the Convention and to reject the application.

For these reasons, the Court unanimously

Declares the remainder of the application inadmissible.

             Claudia Westerdiek Peer Lorenzen Registrar President

[1] 1 EUR = 25.95 CZK