FIFTH SECTION

DECISION

Application s no s . 17080/06, 19175/06 and 6071/07 by Jelka ŽUPERL and Others against Slovenia

The European Court of Human Rights ( Fifth Section), sitting on 22 February 2011 as a Committee composed of:

Ganna Yudkivska , President, Boštjan M. Zupančič , Angelika Nu ß berger , 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 applicant Ms Jelka Ž uperl (application no.17080/06) is a Slovenian national who was born in 1951 and lives in Celje. She was represented before the Court by Ms J. Jazbinšek - Goričan, a lawyer practising in Celje. The applicant company Mirage d.o.o. (application no. 19175/06) has its office in Petrovče. The applicant company was also represented befo re the Court by Ms J. Jazbinšek-G oričan. The applicant Gorazd Švaljek (application no. 6071/07) is a Slovenian national who was born in 19 60 and lives in Maribor . He was represented before the Court by Mr Z. Križman, a lawyer practising in Maribor .

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

The applicants were parties to p roceedings which were finally resolved ( pravnomočno končan postopek ) 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. The applicant Ms Jelka Ž uperl and the applicant company Mirage d.o.o. s ubsequently lodged an appeal on points of law with the Supreme Court ( Vrhovno sodišče ).

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