FIFTH SECTION

DECISION [1]

Applications nos. 8035/06, 8037/06, 8057/06, 1739/07 and 5509/07

by Ljiljana KONDIĆ and Others

against Slovenia

The European Court of Human Rights ( Fifth Section), sitting on 7 June 2011 as a Committee composed of:

Ganna Yudkivska , Presiden t [2] , Boštjan M. Zupančič , Angelika Nußberger , judges, and Stephen Phillips , Deputy Section Registrar ,

Having regard to the above applications,

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 Ms Ljiljana Kondić (application no. 8035/06) was born in 1979 and lives in Kranj. The applicant Mr Bojan Marguč (application no. 8037/06) was born in 1958 and lives in Celje . The applicant Mr Iztok Vovk (application no. 8057/06) was born in 1976 and lives in Vipava. The applicant Ms Seida Hadžič (application no. 1739 /0 7 ) was born in 1961 and lives in Kamnik. The applicant Ms Marjetka Jeraj (application no. 5509 /0 7 ) was born in 1954 and lives in Vrhnika.

The applicants were represented before the Court by Mr Z. Lipej, a lawyer practising in Medvode.

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 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 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

[1] Rectified on 28 June 2011 under Rule 81 of the Rules of the Court.

[2] Rectified on 28 June 2011: presidency of the Committee.