DOMIRA, SPOL. S R.O. v. THE CZECH REPUBLIC
Doc ref: 60702/11;59633/12;10092/13;20708/13;22455/13;61245/13;61482/13;22520/14;13258/15 • ECHR ID: 001-158457
Document date: October 6, 2015
- Inbound citations: 0
- •
- Cited paragraphs: 0
- •
- Outbound citations: 5
Communicated on 6 October 2015
FIFTH SECTION
Application no 60702/11 DOMIRA, spol . s r . o . against the Czech Republic and 8 other applications (see list appended)
STATEMENT OF FACTS
The first applicant is a Czech limited liability company with its registered seat in Koněšín . The second applicant was born in 1934 and resides in Křtiny . The third applicant was born in 1968 and is currently serving his prison sentence in the Mírov Prison.
The facts of the cases, as submitted by the applicants, may be summarised as follows.
The applicants were or have been parties to civil proceedings. They have attempted to obtain redress in respect of the length of these proceedings before the domestic authorities on the basis of Act no. 82/1998.
Further details can be found in the attached table.
COMPLAINTS
The applicants complain under Article 6 of the Convention of the length of the civil proceedings to which they were or have been parties. They further allege, under Article 13 in conjunction with Article 6 or in conjunction with Article 1 of Protocol No. 1, or under Article 1 of Protocol No. 1 taken alone, that the compens ation proceedings under Act no. 82/1998 were unreasonably long and did not provide them with appropriate redress.
QUESTIONS
1. Was the length of the civil proceedings in the present cases in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention?
2. Was the length of the compensation proceedings (only their first set as regards the applications lodged by Mr Žirovnický ) in breach of the “reasonable time” requirement of Article 6 § 1 of the Convention? Under what conditions can parties to compensation proceedings under Act no. 82/1998 receive compensation also for the length of these proceedings (see, for instance, the decision of the Supreme Court of 30 September 2014, no. 30 Cdo 1098/2014)?
3. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 6 § 1 in respect of the length of the civil proceedings as required by Article 13 of the Convention, given the length of the compensation proceedings and the redress provided in them (see Vidas v. Croatia, no. 40383/04, § 37, 3 July 2008; Belperio and Ciarmoli v. Italy, no. 7932/04, §§ 50-56, 21 December 2010)?
APPENDIX
Application number Applicant ’ s name Application lodged on
Case file no.
Subject matter
Action/claim lodged on
Date of the final decision
Length of the proceedings / levels of jurisdiction
Outcome of the proceedings
60702/11 DOMIRA , spol.s r.o.
21 September 2011
12 C 1/95 (Ro 584/94)
business dispute over approx. EUR 1,320
22 February 1994
30 September 2009
fifteen years and nine months
four instances
action against the applicant company essentially successful
26 C 244/2007
compensation for the length of the proceedings no. 12 C 1/95
2 October 2006
20 April 2011
four years and seven months four instances
approx. EUR 2,750 received as compensation
59633/12
Meluzínová
12 September 2012
E 1106/97
enforcement proceedings
30 May 1997
6 September 2005
eight years and three months two instances
settlement reached
26 C 259/2008
compensation for the length of the proceedings no. E 1106/97
2 April 2007
4 June 2012
five years and three months
two instances
approx. EUR 1,220 received as compensation
10092/13
Žirovnický
5 February 2013
37 C 51/2004
action against the State under the Civil Code
7 April 2004
15 April 2010
six years
three instances
action dismissed
17 C 204/2007
compensation for the length of the proceedings no. 37 C 51/2004
12 June 2007
24 April 2014
six years and ten months
four instances
finding of a violation, no financial compensation
20708/13
Žirovnický
13 March 2013
18 C 84/2006
action against the State concerning a home search
18 September 2003
pending
pending
pending
30 C 178/2009
compensation for the length of the proceedings no. 18 C 84/2006
8 June 2007
pending
pending
pending
22455/13
Žirovnický
26 March 2013
34 C 126/2004
action against the State concerning conduct of the Police
12 September 2003
31 August 2010
seven years
three instances
action dismissed
27 C 325/2007
compensation for the length of the proceedings no. 34 C 126/2004
6 June 2007
pending
pending
pending
61245/13
Žirovnický
11 September 2013
5 Ca 176/2004 (5 Ca 329/2006)
administrative action against the State
14 October 2004
5 March 2009
four years and six months
two instances
action dismissed
26 C 58/2008
compensation for the length of the proceedings no. 5 Ca 176/2004 (5 Ca 329/2006)
10 October 2007
29 May 2013
five years and eight months
four instances
finding of a violation, no financial compensation
61482/13
Žirovnický
24 September 2013
10 Ca 10/2005
administrative action against the State
12 October 2004
21 May 2009
four years and seven months
three instances
action dismissed
19 C 85/2008
compensation for the length of the proceedings no. 10 Ca 10/2005
30 October 2007
pending
pending
pending
22520/14
Žirovnický
9 April 2014
10 C 49/2008
action against the State concerning taking a DNA sample
13 December 2007
pending
pending
pending
23 C 108/2012
compensation for the length of the proceedings no. 10 C 49/2008
21 December 2011
pending
pending
pending
13258/15
Žirovnický
11 March 2015
34 C 138/2006
action against a tabloid newspaper
6 November 2006
pending
pending
pending
15 C 184/2012
compensation for the length of the proceedings no. 34 C 138/2006
14 February 2012
18 December 2014
two years and ten months
four instances
finding of a violation, no financial compensation