FIFTH SECTION

DECISION

Application no . 3922/06 Frančišek SELČAN against Slovenia

The European Court of Human Right s (Fifth Section), sitting on 2 October 2012 as a Committee composed of:

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

Having regard to the above application lodged on 29 December 2005,

Having regard to the friendly settlement reached between the parties,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Frančišek Selčan , is a Slovenian national, who was born in 1930 and lives in Velenje . He was represented before the Court by Ms M. Končan Verstovšek , a lawyer practising in Celje .

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

The applicant was a party to two sets of proceedings. The first set of proceedings was terminated 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. The second set of proceedings was terminated within the first three months after the 2006 Act became operational. 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 they had made a settlement proposal to the applicant. The applicant subsequently informed the Court that he had reached a settlement with the State Attorney ’ s Office and that he wished to withdraw his application introduced before the Court.

THE LAW

The Court takes note that following the settlement reached between the parties 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