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MIHALIČ v. SLOVENIA

Doc ref: 24344/06 • ECHR ID: 001-115677

Document date: December 4, 2012

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MIHALIČ v. SLOVENIA

Doc ref: 24344/06 • ECHR ID: 001-115677

Document date: December 4, 2012

Cited paragraphs only

FIFTH SECTION

DECISION

Application no . 24344/06 Zvonko MIHALIČ against Slovenia

The European Court of Human Rights (Fifth Section), sitting on 4 December 2012 as a Committee composed of:

Ann Power-Forde , President, Boštjan M. Zupančič , Helena Jäderblom , judges and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above application lodged on 15 December 2005,

Having regard to the applicant ’ s withdrawal of the application,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Zvonko Mihalič , is a Slovenian national, who was born in 1958 and lives in Ljutomer . He was represented before the Court by Ms T. Koračin - Bohar , a lawyer practising in Murska Sobota .

The Slovenian Government (“the Government”) were represented by their Agent.

The applicant was a party to proceedings which were finally resolved before 1 January 2007, that is, before the 2006 Act on the Protection of the Right to a Trial without Undue Delay (“the 2006 Act”) became operational. He subsequently lodged a constitutional appeal with the Constitutional Court . The applicant complained under Article 6 § 1 of the Convention about the excessive length of proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.

A fter the Government had been given notice of the application, they informed the Court that the applicant had received compensation in domestic proceedings. The applicant subsequently informed the Court that he wished to withdraw his application introduced before the Court.

THE LAW

The Court takes note that the matter has been resolved at the domestic level and that the applicant wishes to withdraw his application. It is satisfied that respect for human rights as defined in the Convention or its Protocols does not require the examination of the application to be continued (Article 37 § 1 in fine of the Convention).

In view of the above, it is appropriate to strike the case out of the list in accordance with Article 37 § 1 (a) of the Convention .

For these reasons, the Court unanimously

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

Stephen Phillips Ann Power-Forde Deputy Registrar President

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