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ŽOLKO AND OTHERS v. SLOVAKIA

Doc ref: 45492/22;50011/22;52326/22 • ECHR ID: 001-225106

Document date: May 4, 2023

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ŽOLKO AND OTHERS v. SLOVAKIA

Doc ref: 45492/22;50011/22;52326/22 • ECHR ID: 001-225106

Document date: May 4, 2023

Cited paragraphs only

FIRST SECTION

DECISION

Application no. 45492/22 Ján ŽOLKO against Slovakia and 2 other applications

(see appended table)

The European Court of Human Rights (First Section), sitting on 4 May 2023 as a Committee composed of:

Gilberto Felici , President , Alena Poláčková, Raffaele Sabato , judges ,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Slovak Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Slovakia in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

The payment will constitute the final resolution of the cases.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.

In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 25 May 2023.

Viktoriya Maradudina Gilberto Felici Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

No.

Application no. Date of introduction

Applicant’s name

Year of birth/ registration

Representative’s name and location

Date of receipt of the Government’s declaration

Date of receipt of the applicant’s declaration

Amount awarded for pecuniary and non ‑ pecuniary damage

per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

45492/22

12/09/2022

Ján ŽOLKO

1935Peter Franko

Košice

21/03/2023

02/12/2022

8,100

250

50011/22

17/10/2022

URBAN GAŠPEREC BOŠANSKÝ, S.R.O., ADVOKÁTSKA KANCELÁRIA

2013Tomáš Sisák

Bratislava

28/03/2023

19/12/2022

1,200

250

52326/22

19/10/2022

Viliam KLUBNÍK

1972Ondrej Urban

Bratislava

21/03/2023

19/12/2022

1,800

250[1] Plus any tax that may be chargeable to the applicants.

[2] Plus any tax that may be chargeable to the applicants.

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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