Ivana SCHREIBEROVA v Slovakia - 23271/10 [2011] ECHR 1172 (28 June 2011)
The Court found the friendly settlement satisfactory and based on respect for human rights, and decided there was no reason to continue examination of the application.
Source-derived case information.
- Citation
- [2011] ECHR 1172
- Parties
- Applicant: Ivana Schreiberová; Respondent: Government of the Slovak Republic
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Friendly Settlement and Decision to Strike Out
- Outcome
- Application struck out of the list of cases
- Legal Topics
- Length of Proceedings, Right to Effective Remedy
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ivana Schreiberová
Applicant
Government of the Slovak Republic
Respondent
Procedural Posture
Application to European Court of Human Rights / Friendly Settlement and Decision to Strike Out
Legal Issues
- 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention
- 2 Whether there was an effective remedy under Article 13 of the Convention
Ratio Decidendi
The Court found the friendly settlement satisfactory and based on respect for human rights, and decided there was no reason to continue examination of the application.
Court Disposition
Application struck out of the list of cases
Orders
- Strike the application out of the list of cases
- Government to pay applicant 2,100 euros within three months, free of taxes
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Ivana SCHREIBEROVA v Slovakia - 23271/10 [2011] ECHR 1172 (28 June 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/1172.html Cite as: [2011] ECHR 1172 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] THIRD SECTION DECISION Application no. 23271/10 by Ivana SCHREIBEROVÁ against Slovakia The European Court of Human Rights (Third Section), sitting on 28 June 2011 as a Committee composed of: Ineta Ziemele, President, Ján Šikuta, Kristina Pardalos, judges, and Marialena Tsirli , Deputy Section Registrar , Having regard to the above application lodged on 9 April 2010, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Ms Ivana Schreiberová, is a Slovak national who was born in 1978 and lives in Banská Bystrica. She was represented before the Court by Ms Z. Bejdová, a lawyer practising in Banská Bystrica. The Government of the Slovak Republic (“the Government”) were represented by their Agent, Mrs M. Pirošíková. The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings which started on 9 February 2004. On 21 October 2009 the Constitutional Court rejected the applicant’s complaint. The applicant also invoked Article 13 of the Convention. On 27 April and 2 May 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Slovakia in respect of the facts giving rise to this application against an undertaking by the Government to pay her 2,100 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which would be free of any taxes that may be applicable and payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from 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 case. THE LAW 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 its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to strike the case out of the list. For these reasons, the Court unanimously Decides to strike the application out of its list of cases. Marialena Tsirli Ineta Ziemele Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/1172.html