CIRNEROVÁ AND 31 OTHERS v. SLOVAKIA
Doc ref: 4603/11 • ECHR ID: 001-161872
Document date: March 8, 2016
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Communicated on 8 March 2016
THIRD SECTION
Application no. 4603/11 Margita CIRNEROVÁ and 31 O thers against Slovakia lodged on 14 January 2011
STATEMENT OF FACTS
The applicants are thirty-two Slovak nationals whose particulars are set out in the annexed table.
The facts of the case, as submitted by the applicants, may be summarised as follows.
On 27 November 1987 a claim was lodged against the applicants or their predecessors with the Ko šice – okolie District Court. In this claim, plaintiffs sought a judicial ruling declaring the m to be the owners of a plot of agricultural land. The applicants entered the proceedings as defendants on different dates and on distinct grounds as it is outlined in the Appendix.
Between 1988 and 2009 the first instance court held a number of hearings, ordered expert opinions, dealt with other relevant evidence, and heard witnesses. It also took a considerable time to determine who the actual parties were to be sued in the proceedings in view of multiple deaths among the original defendants and various transactions made in respect of the property in question.
On 27 April 2010 the Constitutional Court delivered a judgement, finding that the applicants ’ (or their predecessors ’ ) right to a hearing within a reasonable time had been violated by the District Court. It ordered the District Court to proceed without undue delay and to reimburse the complainants ’ legal costs. It also awarded just satisfaction in respect of non ‑ pecuniary damage of EUR 300 to the applicants listed under points 1 to 17 and EUR 500 to those listed under points 18 to 28 and to the deceased predecessor of the applicants listed under points 29 to 32 of the Appendix. It appears that the Constitutional Court took into account inter alia the procedural behaviour of the complainants and what was at stake for them.
On 22 November 2011 the District Court delivered a judgment on the merits of the case.
On 19 March 2013 the Constitutional Court rejected the applicants ’ fresh constitutional complaint, finding no further undue delay in the proceedings before the first-instance court since the constitutional judgment of 27 April 2010.
On 12 March 2014 the KoÅ¡ice Regional Court partly upheld the first ‑ instance judgment and partly dismiss ed the claim concerning some of the contested property. It also rejected the remainder of the appeal. The judgment became final on 10 July 2014.
On 8 August 2014 the applicants listed under points 4, and 30 to 32 and several other defendants in the proceedings lodged an appeal on points of law. On 21 January 2015 the proceedings in respect of that appeal were discontinued without examination of its merits due to the appellants ’ failure to pay the court fees. The decision became final on 13 February 2015.
COMPLAINT
The applicants complain under Article 6 § 1 of the Convention about the length of the proceedings to which they were parties.
QUESTIONS TO THE PARTIES
1. In view of the Constitutional Court ’ s finding, may the applicants still claim to be victims of a violation of the Co nvention, within the meaning of Article 34 of a violation of their alleged right under Article 6 § 1 of the Convention?
2. In the light of all circumstances of the case, was the length of the proceedings in the present case in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention in respect of each applicant?
3. The parties are requested to provide information in the format shown below concerning the exact dates of commencement and conclusion of the domestic proceedings and levels of jurisdiction involved in the proceedings in respect of each applicant.
Name of the applicant
Identification details of the applicant
Date of entry into the proceedings
Date of conclusion of the proceedings
Overall length of proceedings for the applicant and levels of jurisdiction involved on the merits
AppendiX
A
B
C
D
E
F
G
NAME AND SURNAME
YEAR OF BIRTH ADDRESS
EXACT DATE OF ENTRY INTO THE PROCEEDIGNS
EXACT DATE OF CONCLUSION OF THE PROCEEDI NG S (FINAL DECISION)
ORIGINAL DEFENDANT or TITLE (e.g. succession) ON WHICH THE APPLICANT BECAME A PARTY TO PROCEEDINGS
PROPERTY AT STAKE (m² )
JS RECEIVED FROM THE CC
(in euros)
1Ms Margita CIRNEROVÁ
1934 Vyšný Klátov
č. 96
27/11/1987
10/07/2014
original party
4.31
300
2Ms Margita TIRPÁKOVÁ
1941 Košice
21/11/1987
10/07/2014
original party
18.49
300
3Mr Å tefan MAÄŒINGA
1939 Vyšný Klátov
č. 84
21/11/1987
10/07/2014
original party
15.41
300
4Mr Ľubomír SCERANKA
1961 Vyšný Klátov
č. 48
20/10/2011
10/07/2014
successor to the original party
7.7
300
5Mr Karol ČIŽMÁR
1942 Košice
28/09/1990
10/07/2014
sued by the claimant in the course of the proceedings
4.31
300
6Mr Anton ČIŽMÁR
1940 Košice
28/09/1990
10/07/2014
sued by the claimant in the course of the proceedings
4.31
300
7Ms Marta SOBINKOVIČOVÁ
1946 Nižný Klátov
č. 172
02/08/2004
10/07/2014
sued by the claimant in the course of the proceedings
11.08
300
8Ms Mária JURÍČKOVÁ
1925 Košice
02/08/2004
(the first instance court assessed her date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
11.08
300
9Mr Vincent ČIŽMÁR
1933 Vyšný Klátov
č. 78
02/08/2004
(the first instance court assessed his date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
11.08
300
10Mr Viktor ČIŽMÁR
1947 Vyšný Klátov
č. 5
23/12/2005
10/07/2014
sued by the claimant in the course of the proceedings
11.08
300
11Ms Mária BALOGOVÁ
1941 Nižný Klátov
02/08/2004
(the first instance court assessed her date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
9.01
300
12Ms Mária VLČEJOVÁ
1938 Košice
02/08/2004
(the first instance court assessed her date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
10.81
300
13Mr Jozef MARČÁK
1965 Košice
03/05/2007
10/07/2014
successor to the original party
(the first instance court assessed his predecessor ’ s date of entry in the proceedings on 23/12/2005)
9.01
300
14Mr Matej MAÄŒINGA
1951 Košice
04/06/1994
10/07/2014
successor to the original party
4.62
300
15Ms Eva GALÁTOVÁ
1970 Banská Bystrica
04/06/1994
10/07/2014
successor to the original party
4.62
300
16Ms Mária GURBAĽOVÁ
1939 Košice
02/05/2000
10/07/2014
successor to the original party
6.93
300
17Ms Alena MAČINGOVÁ
1942 Košice
20/04/2008
10/07/2014
successor to the defendant sued by the claimant in the course of the proceedings (since 02/08/2004)
(the first instance court assessed her predecessor ’ s date of entry in the proceedings on 23/12/2005)
9.25
300
18Mr Miloš MAČINGA
1966 Košice
23/12/2005
10/07/2014
sued by the claimant in the course of the proceedings
34.68
500
19Mr Å tefan MIKULA
1942 Vyšný Klátov
č. 35
02/08/2004
10/07/2014
sued by the claimant in the course of the proceedings
44.39
500
20Mr Pavol JOKEĽ
1950 Košice
02/08/2004
(the first instance court assessed his date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
34.68
500
21Ms Stanislava ŠEBEŠOVÁ
1953 Prešov
20/04/2008
10/07/2014
successor to the defendant sued by the claimant in the course of the proceedings (since 02/08/2004)
(the first instance court assessed her predecessor ’ s date of entry in the proceedings on 23/12/2005)
17.57
500
22Ms Jaroslava OĽHOVÁ
1957 Nižná Šebastová
20/04/2008
10/07/2014
successor to the defendant sued by the claimant in the course of the proceedings (since 02/08/2004)
(the first instance court assessed her predecessor ’ s date of entry in the proceedings on 23/12/2005)
500
23Ms Eva SCIRANKOVÁ
1964 Nižný Klátov
23/09/2005
10/07/2014
successor to the defendant sued by the claimant in the course of the proceedings (since 02/08/2004)
23.12
500
24Ms Jarmila ČIŽMÁROVÁ
1971 Vyšný Klátov
č. 82
02/08/2004
(the first instance court assessed her date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
44.4
500
25Mr Milan CIRNER
1963 Vyšný Klátov
č. 96
02/08/2004
(the first instance court assessed his date of entry in the proceedings on 23/12/2005)
10/07/2014
sued by the claimant in the course of the proceedings
17.57
500
26Mr Blažej CIRNER
1958 Vyšný Klátov
č. 136
02/08/2004
10/07/2014
sued by the claimant in the course of the proceedings
17.57
500
27Ms Cecília GORDANOVÁ
1949 Košice
18/05/2006
(the first instance court assessed her date of entry in the proceedings on 23/12/2005)
10/07/2014
successor to the original party
(the first instance court assessed she had entered the proceedings on the title of acquiring the property share by deed of gift in 2005)
32.43
500
28Mr Mikuláš ČIŽMÁR
1957 Vyšný Klátov
č. 49
18/05/2006
10/07/2014
successor to the original party
(the first instance court assessed the date of entry of his predecessor in the proceedings on 23/12/2005)
32.43
500
29Mr Ondrej JUSKO
1946 Vyšný Klátov
č. 97
04/11/2011
10/07/2014
successor to the original party
261.31
500
30Ms Valéria HALUŠKOVÁ
1973 Hyľov č. 178
04/11/2011
10/07/2014
successor to the original party
31Mr Rastislav JUSKO
1976 Košice
04/11/2011
10/07/2014
successor to the original party
32Mr Jaroslav JUSKO
1. 1971 Vyšný Klátov
č. 178
04/11/2011
10/07/2014
successor to the original party
The applicant listed under point 4 is an heir of the deceased original applicant, Mr J án Sceranka , who was born 1936 and lived in Vyšný Klátov.
The applicants listed under points 29, 30, 31 and 32 are heirs of the deceased original applicant, Ms Mária Jusková , who was born in 1952 and lived in Vyšný Klátov.