Resolution CM/ ResDH ( 2013)226 Day S.R.O and others against Czech Republic

Execution of the judgment of the European Court of Human Rights

Application No.

Case

Judgment of

Final on

48203/09

DAY S.R.O. AND OTHERS

16/02/2012

16/02/2012

(Adopted by the Committee of Ministers on 20 November 2013

at the 1185th (Budget) meeting of the Ministers ’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information by the government indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see details in Appendix);

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

Appendix to Resolution CM/ ResDH ( 2013)226

Information about the measures to comply with the judgment in the case of DAY S.R.O. and others against the Czech Republic

Introductory case summary

The applicants were minority shareholders of a company whose winding up in 2003 had been decided by a resolution adopted by votes of the main shareholder to whom all assets had been transferred. The applicants challenged the amount of the settlement they had received. Due to an arbitration clause in the asset transfer contract and according to legislation in place at the time , the applicants had been obliged under the legislation at the time to institute arbitration proceedings in 2006 to which they had not consented and which did not ensure their right to a public hearing.

The Court concluded that there had been a violation of the applicant ’ s right to access to a tribunal (violation of Article 6§1).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

25 000 EUR

5 500 EUR

30 500 EUR

Paid on 11/05/2013

b) Individual measures

Before the Court, the applicants did not request just satisfaction for pecuniary damage. They only requested compensation for the non-pecuniary damage sustained (see above). In these circumstances, no individual measure was considered necessary apart from the payment of the sums awarded by the Court for non ‑ pecuniary damage and in respect of costs and expenses.

II. General measures

The legislation at the root of the violation was amended by Act No. 125/2008, which entered into force on 1 July 2008. The Committee of Ministers has already taken note of this legislative amendment in Final Resolution CM/ ResDH ( 2012)18 adopted in the Suda case.

III. Conclusions of the respondent State

The government considers that no individual measure is required, apart from the payment of the just satisfaction, that the general measures adopted will prevent similar violations and that Czech Republic has thus complied with its obligations under Article 46, paragraph 1, of the Convention.