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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> Jaka SOBOCAN and Others v Slovenia - 29944/05 [2011] ECHR 1371 (30 August 2011) URL: http://www.bailii.org/eu/cases/ECHR/2011/1371.html Cite as: [2011] ECHR 1371 |
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FIFTH SECTION
DECISION
Applications nos.
29944/05, 18057/06, 19681/06, 22087/06 and 22185/06
by Jaka
SOBOČAN and Others
against Slovenia
The European Court of Human Rights (Fifth Section), sitting on 30 August 2011 as a Committee composed of:
Ganna
Yudkivska,
President,
Boštjan
M. Zupančič,
Angelika
Nußberger,
judges,
and
Stephen Phillips,
Deputy Section
Registrar,
Having regard to the above applications,
Having regard to the settlement agreements signed by the parties,
Having deliberated, decides as follows:
THE FACTS
All the applicants are Slovenian nationals living in Slovenia.
The applicant Mr Jaka Sobočan was represented before the Court by Mr Z. Lipej, a lawyer practising in Medvode. Mr Robert Mencinger was represented before the Court by Ms M. Končan-Verstovšek, a lawyer practicing in Celje. Ms Anica Lončar was represented before the Court by Ms J. Jazbinšek-Goričan, a lawyer practicing in Celje. The applicant Mr Stanko Kalan was represented before the Court by Ms M. Krainer, a lawyer practicing in Radovljica. Mr Valentin Zajec was represented before the Court by Mr B. Verstovšek, a lawyer practicing in Celje.
The Slovenian Government (“the Government”) were represented by their Agent.
All the applicants were parties to proceedings which were finally resolved less than three months after the implementation of the 2006 Act on the Protection of the Right to a Trial without Undue Delay (“the 2006 Act”).
COMPLAINTS
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
In 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 waived any further claims against the Republic of Slovenia in respect of this complaint.
The applicants subsequently informed the Court that they had reached settlements with the State Attorney’s Office and that they wished to withdraw their applications introduced before the Court.
The Court takes note that following the settlements reached between the parties the matter has been resolved at the domestic level and that the applicants wish to withdraw their applications. It is satisfied that respect for human rights as defined in the Convention or its Protocols does not require the examination of the applications to be continued (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the cases 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 applications out of its list of cases.
Stephen Phillips Ganna
Yudkivska
Deputy Registrar President
Annex
|
No. |
Application No. |
Applicant’s Name |
Year of Birth |
Address |
Date of Introduction |
Date of withdrawal |
|
1. |
29944/05
|
Jaka SOBOČAN |
1972 |
Ljubljana |
08/08/2005 |
03/12/2010 |
|
2. |
18057/06 |
Robert MENCINGER |
1969
|
Mislinja |
28/03/2006 |
14/02/2011 |
|
3. |
19681/06 |
Anica LONČAR |
1953
|
Rogaška Slatina |
20/04/2006 |
04/03/2011 |
|
4. |
22087/06 |
Stanko KALAN |
1938 |
Podnart |
12/05/2006 |
14/03/2011 |
|
5. |
22185/06 |
Valentin ZAJEC |
1950 |
Ljubljana |
10/05/2006 |
28/01/2011 |