FIFTH SECTION

DECISION

Application no. 45890/06 Mira CESTNIK against Slovenia and 3 other applications (see list appended)

The European Court of Human Rights ( Fifth Section ), sitting on 30 August 2011 as a Committee composed of:

Ganna Yudkivska , President, Boštjan M. Zupančič , Angelika Nußberger , judges, and Stephen Phillips , Deputy Section Registra r ,

Having regard to the above application s,

Having regard to the settlement agreements signed by the parties,

Having deliberated, decides as follows:

THE FACTS

All the applicants are Slovenian nationals living in Slovenia .

The applicant Ms Mira Cestnik was represented before the Court by Mr Z. Lipej, a lawyer practising in Medvode. The applicants Ms Ljudmila Roethel and Ms Frančiška Kadunc were represented b efore the Court by Ms M. Verstovšek, a lawyer practicing in Ljubljana . Mr Janez Smrke was represented before the Court by Mr Z. Lipej, a lawyer practicing in Medvode. Mr Roman Deželak was represented before the Court by Mr V. Stefanovič, a lawyer practicing in Maribor .

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

All the applicants were pa rties to proceedings which were terminated less than three months after the implementation of the 2006 Act on the Pr otection of the Right to a Trial w ithout Undue Delay (“the 2006 Act ” ) .

C OMPLAINTS

The applicants complained under Article 6 § 1 of the Convention about the excessive length of civil proceedings and under Article 13 of the Convention about the lack of an effective domestic remedy in that regard.

THE LAW

I n the present cases the Court notes that, after the Government had been given notice of the applications, they informed the Court that they had made a settlement proposal to the applicants.

By the settlement agreements signed by the State Attorney ’ s Office and the applicants, the former acknowledged a violation of the right to a trial within a reasonable time and accepted to pay the applicants the non-pecuniary damage sustained and costs and expenses incurred . The applicants accepted the amount as a full compensation for the damage sustained due to the length of the above proceedings and waive d any further claims against the Republic of Slovenia in respect of these complaints.

T he applicant s subsequently informed the Court that they had reached settlement s with the State Attorney ’ s Office and that they wished to withdraw their application s introduced before the Court.

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

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

For these reasons, the Court unanimously

Decides to join the applications;

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

Stephen Phillips Ganna Yudkivska Deputy Registrar President

Appendix

No

Application No

Lodged on

Applicant name

date of birth

place of residence

Represented by

1 .

45890/06

23/10/2006

Mira CESTNIK

06/03/1955

Domžale

Zlatko LIPEJ

2 .

184/07

13/12/2006

Ljudmila ROETHEL

20/10/1938

Ljubljana

Frančiška KADUNC

01/12/1940

Ljubljana

Marjana VERSTOVÅ EK

3 .

6342/07

30/12/2006

Janez SMRKE

29/07/1976

Ljubljana

Zlatko LIPEJ

4 .

17965/07

10/04/2007

Roman DEŽELAK

11/02/1978

Dornava

Vladimir STEFANOVIÄŒ