FIFTH SECTION

DECISION

Application s no s . 44765/06 and 3199/07 Ružica MARINKOVIĆ against Slovenia and Tadej DEMŠAR against Slovenia

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 Ružica Marinković, is a Slovenian national who was born in 1953 and lives in Celje . She was represented before the Court by Ms M. Končan Verstovšek , a lawyer practising in Celje. The applicant, Mr Tadej Demšar, is a Slovenian national who was born in 1958 and lives in Ljubljana . He was represented before the Court by Ms C. Dobnik , a lawyer practising in Ljubljana .

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 in 2011 , 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