Miroslav OLEJARNIK v Slovakia - 15876/10 [2011] ECHR 1875 (11 October 2011)
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examining the application, thus striking the case out of its list.
Source-derived case information.
- Citation
- [2011] ECHR 1875
- Parties
- Applicant: Miroslav Olejarník; Respondent: Government of the Slovak Republic
- Jurisdiction
- European Union
- Procedural Posture
- Application / Decision on Friendly Settlement
- Outcome
- application struck out
- Legal Topics
- Length of Civil Proceedings, Article 6 § 1 ECHR, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Miroslav Olejarník
Applicant
Government of the Slovak Republic
Respondent
Procedural Posture
Application / Decision on Friendly Settlement
Legal Issues
- 1 Whether the length of civil proceedings violated Article 6 § 1 of the Convention
- 2 Whether the friendly settlement is compatible with human rights as defined in the Convention
Ratio Decidendi
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examining the application, thus striking the case out of its list.
Court Disposition
application struck out
Orders
- The application is struck out of the list of cases.
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 >> Miroslav OLEJARNIK v Slovakia - 15876/10 [2011] ECHR 1875 (11 October 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/1875.html Cite as: [2011] ECHR 1875 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] THIRD SECTION DECISION Application no. 15876/10 Miroslav OLEJARNÍK against Slovakia The European Court of Human Rights (Third Section), sitting on 11 October 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 March 2010, Having regard to the formal declarations accepting a friendly settlement of the case, Having deliberated, decides as follows: PROCEDURE The applicant, Mr Miroslav Olejarník, is a Slovak national who was born in 1967 and lives in Vranov nad Topľou. The Government of the Slovak Republic (“the Government ” ) were represented by their Agent, Ms M. Pirošíková. The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings. On and 17 August 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 him 4,800 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, plus any taxes that might be applicable. It will be 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/2011/1875.html