SANDOR AND OTHERS v. SLOVENIA
Doc ref: 13038/05;2568/07;45571/06;45788/06;50493/06 • ECHR ID: 001-106305
Document date: August 30, 2011
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FIFTH SECTION
DECISION
Application s no s . 13038/05, 45571/06, 45788/06, 50493/06 and 2568/07 by Marija Å ANDOR 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 s Ms Marija Šandor , Aljaž Lukman and Emsud Smajič were represented before the Court by Mr Z. Lipej, a lawyer practising in Medvode. Ms Minka Levart was rep resented before the Court by Ms M. Končan-Verstovšek , a lawyer practicing in Celje . Mr Jože Urleb 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 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 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.
13038/05
Marija Å ANDOR
1962Metlika
29/03/2005
11/02/2011
2.
45571/06
Aljaž LUKMAN
1965Medvode
28/09/2009
05/05/2011
3 .
45788/06
Emsud SMAJIČ
1967Litija
27/10/2006
05/05/2011
4.
50493/06
Minka LEVART
1973Loče
07/12/2006
05/04/2011
5 .
2568/07
Jože U RLEB
1932Nova cerkev
27/12/2006
28/01/2011