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JUPITER SK S.R.O. v. SLOVAKIA

Doc ref: 11261/14 • ECHR ID: 001-163309

Document date: April 26, 2016

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JUPITER SK S.R.O. v. SLOVAKIA

Doc ref: 11261/14 • ECHR ID: 001-163309

Document date: April 26, 2016

Cited paragraphs only

THIRD SECTION

DECISION

Application no . 11261/14 JUPITER SK S.R.O. against Slovakia

The European Court of Human Rights (Third Section), sitting on 26 April 2016 as a Committee composed of:

Helen Keller, President, Johannes Silvis, Alena Poláčková, judges,

and Stephen Phillips , Section Registrar ,

Having regard to the above application lodged on 10 January 2014,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, JUPITER SK s.r.o., is a limited liability company with its registered office in Limbach. It was represented before the Court by Ms E . Korčeková, a lawyer practising in Pezinok.

The Slovak Government (“the Government”) were represented by their Agent, Ms M. Pirošíková.

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

On 8 February 2016 and 9 February 2016 the Court received friendly settlement declarations signed by the parties under which the applicant company agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application against an undertaking by the Government to pay it 2,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. The sum will be free of any taxes that may be applicable and it will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 LAW

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. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 19 May 2016 .

             Stephen Phillips Helen Keller Registrar President

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