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OLÁHOVI v. THE CZECH REPUBLIC

Doc ref: 59774/09 • ECHR ID: 001-152906

Document date: February 17, 2015

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OLÁHOVI v. THE CZECH REPUBLIC

Doc ref: 59774/09 • ECHR ID: 001-152906

Document date: February 17, 2015

Cited paragraphs only

FIFTH SECTION

DECISION

Application no . 59774/09 Irena OLÁHOVÁ and Josef OL Á H against the Czech Republic

The European Court of Human Rights ( Fifth Section ), sitting on 17 February 2015 as a Committee composed of:

Boštjan M. Zupančič , President, Helena Jäderblom , Aleš Pejchal , judges, and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 2 November 2009 ,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Ms Irena Oláhová and her son, Mr Josef Oláh , are Czech nationals, who were born in 1964 and 1992 respectively and live in Libčice nad Vltavou . They were represented before the Court by Mr D. Strupek , a lawyer practising in Prague .

The Czech Government (“the Government”) were represented by their Agent, Mr V. A. Schorm , from the Ministry of Justice.

The applicants complained under Article 8 of the Convention that after finishing the basic school, the second applicant was kept in public care for nearly eight months in order to secure his attendance at a vocational school, which was not a sufficient and proportionate reason to keep their family separated.

Both parties submitted to the Registry their observations on the admissibility and merits of the application.

On 27 November and 4 December 2014, the applicants ’ representative informed the Court that the applicants wished to withdraw the application. He referred to the judgment adopted on 23 October 2014 by the Prague 2 District Court, by which the applicants were granted compensation for non-pecuniary damage amounting to approx. 2,670 EUR in respect of the first applicant and 4,280 EUR in respect of the second applicant. The applicant s ’ representative noted that the appeal lodged against that judgment by the Ministry of Justice was only partial and that the applicants will respectively be awarded at least 1,400 EUR and 2,100 EUR, which they considered to be an adequate compensation.

THE LAW

In the light of the foregoing, and in the absence of any special circumstances regarding respect for the rights guaranteed by the Convention or its Protocols, the Court, in accordance with Article 37 § 1 (a) of the Convention, considers that it is no longer justified to continue the examination of the application.

Accordingly, the case should be struck out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases.

Done in English and notified in writing on 12 March 2015 .

Milan Blaško Boštjan M. Zupančič Deputy Registrar President

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