SECOND SECTION

DECISION

Application no. 38124/03 by Jaroslav KABÁT AND OTHERS against the Czech Republic

The European Court of Human Rights (Second Section), sitting on 13 December 2005 as a Chamber composed of:

Mr J.-P. Costa , President , Mr A.B. Baka , Mr R. Türmen , Mr K. Jungwiert , Mr M. Ugrekhelidze , Ms D. Jočienė , Mr D. Popović , judges , and Mrs S. Dollé , Section Registrar ,

Having regard to the above application lodged on 25 November 200 3 ,

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 formal declarations accepting a friendly settlement of the case,

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

Having deliberated, decides as follows:

THE FACTS

The applicants, Jaroslav Kabát born in 1939, Bohuslav Kabát born in 1940, Milada Kabátová born in 1943, Helen a Reichertová born in 1945 and Zuzana Jevičová born in 1953 , are Czech citizens living in Hrochův Týnec and Prague , respectively. They are repres ented before the Court by Mr V. Peřina , a lawyer practising in Chrudim .

The Government is represented by their Agent, Mr V.A. Schorm , Ministry of Justice.

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

On 6 September 1993 the applicants filed a civil action seeking confirmation that they were the co-owners of real estate located in Most.

The proceedings are still pending.

COMPLAINT

Inv ok ing Article 6 of the Convention, the applicant s originally complained about the length of the proceedings.

THE LAW

The Court received the following declaration from the Government:

“I, Vít Schorm , Agent of the Government of the Czech Republic , declare that the Government of the Czech Republic offer to pay 4,500 euros to MUDr . Jaroslav Kabát and 7,000 euros to each of the remaining applicants ( Bohuslav Kabát , Milada Kabátová , Helen a Reichertová and MUDr . Zuzana Jevi čová ) with a view to securing a riendly 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 converted into Czech korunas at the rate applicable on the date of payment, 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 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 case.”

The Court received the following declaration signed by the applicants:

“We, MUDr . Jaroslav Kabát , Bohuslav Kabát , Milada Kabátová , Helen a Reichertová and MUDr . Zuzana Jevičová , note that the Government of the Czech Republic are prepared to pay to the first applicant the sum of 4,500 euros and to each of the remaining applicants the sum of 7,000 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 converted into Czech korunas at the rate applicable on the date of payment, 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.

We accept the proposal and waive any further claims against the Czech Republic in respect of the facts giving rise to this application. We declare that this constitutes a fi nal resolution of the case.”

The Court takes note of the friendly settlement reached between the parties. It finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the further examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, the application to the case of Article 29 § 3 of the Convention should be discontinued and the case struck out of the list.

For these reasons, the Court unanimously

De cide s to strike the application out of its list of cases.

S. Dollé J.-P. Costa Registrar President