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GOBEC v. SLOVENIA

Doc ref: 21999/07 • ECHR ID: 001-108641

Document date: January 4, 2012

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GOBEC v. SLOVENIA

Doc ref: 21999/07 • ECHR ID: 001-108641

Document date: January 4, 2012

Cited paragraphs only

FIFTH SECTION

DECISION

Application no . 21999/07 Friderik GOBEC against Slovenia

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

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

Having regard to the above application lodged on 21 May 2007 ,

Having regard to the Government ’ s settlement proposal made to the applicant ,

Having deliberated, decides as follows:

PROCEDURE

The applicant, Mr Friderik Gobec , is a Slovenian national who was born in 1945 and lives in Celje . He was not represented before the Court. 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 Pr otection of the Right to a Trial w ithout Undue Delay (“the 2006 Act ” ) became operational. He subsequently lodged an appeal on points of law with the Supreme 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 they had made a settlement proposal to the applicant. T he 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

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