FIFTH SECTION

DECISION

Applications nos. 4611/07 and 6072/07 by Emil POCAJT and Igor DRAGAR 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 applications lodged on 23 and 27 December 2006 respectively,

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

Having deliberated, decides as follows:

THE FACTS

The applicants are Slovenian nationals .

The applicant M r Emil Pocajt (application no. 4611 /0 7 ) was born in 1980 and lives in Polzela . He was represented before the Court by M s N . Freitag , a lawyer practising in Celje . The applicant Mr Igor Dragar (application no. 6072/07 ) was born in 19 70 and lives in Ljubljana . He was not represented before the Court .

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

The applicants were parties to p roceedings which were terminated before 1 January 2007, that is, before the 2006 Act on the Pr otection of the Right to a Trial w ithout Undue Delay (“the 2006 Act ” ) became operational.

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 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