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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

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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

Cited paragraphs only

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

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