THIRD SECTION

DECISION

Application no. 45108/08 by Dušan TO MK O against Slovakia

The European Court of Human Rights ( Third Section ), sitting on 20 September 2011 as a Committee composed of:

Ineta Ziemele , President, Ján Šikuta , Kristina Pardalos , judges,

and Marialena Tsirli , Deputy Section Registra r ,

Having regard to the above application lodged on 8 September 2008,

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

Having deliberated, decides as follows:

PROC E DURE

The applicant, Mr Du š an Tomko , is a Slovak national who was born in 1952 and lives in Ko šice . He was represented before the Court by Mr R. Kovalčík , a lawyer practising in Ko š ice . The Government of the Slovak Republic (“the Government ” ) were represented by their Agent, Mrs M. Piro šíková .

The applicant complained under Article s 6 § 1 and 13 of the Convention about the length of proceedings which concerned his claim for payment of a sum of money.

On 28 June 2011 and 20 July 2011 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 5,300 euros . This sum will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undert ook to pay simple interest on it, from 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 (Article 37 § 1 in fine of the Convention).

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.

Marialena Tsirli Ineta Ziemele Deputy Registrar President