FIFTH SECTION

DECISION

Application s no s . 29146/06 , 30657/06 and 30668/06 by Dare PODGORNIK and Others against Slovenia

The European Court of Human Rights (Fifth Section), sitting on 28 June 2011 as a Committee composed of:

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

Having regard to the above application s,

Having regard to the Government ’ s settlement proposals made to the applicants,

Having deliberated, decides as follows:

THE FACTS

The applicants are Slovenia n nationals.

The applicant Mr Dare Podgornik (application no. 29146/06) was born in 1982 and lives in Celje . He was represented before the Court by Mr M. Meznarič , a lawyer practising in Celje . The applicant Mr Peter Lešer (application no. 30657/06) was born in 1956 and lives in Žalec . The applicant Mr Željko Koščak (application no. 30668 /06) was born in 195 5 and also lives in Žalec . Mr Lešer and Mr Koščak were re p resented before the Court by Mr D. Teržan , a lawyer practising in Celje .

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

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 civi l 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