SOBOCAN AND OTHERS v. SLOVENIA
Doc ref: 29944/05;18057/06;19681/06;22087/06;22185/06 • ECHR ID: 001-106304
Document date: August 30, 2011
- 0 Inbound citations:
- •
- 0 Cited paragraphs:
- •
- 0 Outbound citations:
FIFTH SECTION
DECISION
Application s no s . 29944/05 , 18057/06, 19681/06, 22087/06 and 22185/06 by Jaka SOBOÄŒAN and Others 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 Mr Jaka Sobočan was represented before the Court by Mr Z. Lipej , a lawyer practising in Medvode . Mr Robert Mencinger was represented before the Court by Ms M. Končan-Verstovšek , a lawyer practicing in Celje . Ms Anica Lončar was represented before the Court by Ms J. Jazbinšek-Goričan , a lawyer practicing in Celje . The applicant Mr Stanko Kalan was represented before the Court by Ms M. Krainer , a lawyer practicing in Radovljica . Mr Valentin Zajec was represented before the Court by Mr B. Verstovšek , a lawyer practicing in Celje .
The Slovenian Government (“the Government”) were represented by their Agent .
All the applicants were parties to proceedings which were finally resolved 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 this complaint.
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
Annex
No.
Application No.
Applicant ’ s Name
Year of Birth
Address
Date of Introduction
Date of withdrawal
1.
29944/05
Jaka SOBOÄŒAN
1972Ljubljana
08/08/2005
03/12 /2010
2.
18057/06
Robert MENCINGER
1969Mislinja
28/03/2006
14/02/2011
3 .
19681/06
Anica LONÄŒAR
1953Rogaška Slatina
20/04/2006
04/03/2011
4.
22087/06
Stanko KALAN
1938Podnart
12/05/2006
14/03/2011
5 .
22185/06
Valentin ZAJ E C
1950Ljubljana
10/05/2006
28/01/2011