STUCHLÝ AND OTHERS v. THE CZECH REPUBLIC
Doc ref: 63451/16;76814/16;33675/17 • ECHR ID: 001-196707
Document date: September 12, 2019
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FIRST SECTION
DECISION
Application no. 63451/16 Vladim í r STUCHLÝ against the Czech Republic and 2 other applications (s ee appended table)
The European Court of Human Rights (First Section), sitting on 12 September 2019 as a C ommittee composed of:
Jovan Ilievski , President, Aleš Pejchal , Raffaele Sabato , judges, and Liv Tigerstedt, Acting Deputy Section Registrar ,
Having regard to the above application s lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows :
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr M. Kojan , a lawyer practising in Prague.
The applicants ’ complaints under Article 1 of Protocol No. 1 to the Convention concerning the State rent-control scheme were communicated to the Czech Government (“the Government”).
Subsequently, the parties informed the Court that they had agreed to settle the matter at the domestic level regarding these complaints related to their properties as listed in the appended table. The settlement under which the applicants agreed to have their applications struck out of the Court ’ s list of cases is subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and 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 .
In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the application s under Article 37 § 1 in fine .
Accordingly, the applications should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the application s out of its list of cases .
Done in English and notified in writing on 3 October 2019 .
Liv Tigerstedt Jovan Ilievski Acting D eputy Registrar President
APPENDIX
List of applications raising complaints under Article 1 of Protocol No. 1 to the Convention
( the rent-control scheme )
No.
Application no.
Date of introduction
Applicant ’ s name
Date of birth
Property concerned
Final domestic decision
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant (in euros) [1]
63451/16
21/10/2016
Vladimír Stuchlý
03/05/1956
Flat no. 12 located in the third over-ground floor of building no. 707 registered in the Prague Nusle cadastral area and situated in Prague
Constitutional Court
II. ÚS 210/16
20,050
76814/16
06/12/2016
Jan Jošt
28/10/1966
Flat no. 5 located in the second over-ground floor of building no. 1386 registered in the Pardubice cadastral area and situated in Pardubice
Constitutional Court
II. ÚS 3219/15
10,420
33675/17
28/04/2017
Renata Volná
25/01/1952
Flat located in the fourth over-ground floor of building no. 643 registered in the Staré Brno cadastral area and situated in Brno
Constitutional Court
I. ÚS 298/17
14,300
[1] Plus any tax that may be chargeable to the applicants.