SECOND SECTION

DECISION

Application no. 38248/03 
by Jan BAČINSKÝ 
against the Czech Republic

The European Court of Human Rights (Second Section), sitting on 4 October 2005 as a Chamber composed of:

Mr J.-P. Costa, President
 Mr I. Cabral Barreto
 Mr K. Jungwiert
 Mr V. Butkevych
 Mr M. Ugrekhelidze
 Mrs A. Mularoni, 
 Mrs E. Fura-Sandström, judges
and Mrs S. Dollé, Section Registrar,

Having regard to the above application lodged on 26 November 2003,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,

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

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Jan Bačinský, is a Czech national who was born in 1958 and lives in Uničov. He is represented before the Court by Mr E. Orlet, a lawyer practising in Olomouc.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 25 April 1983 the applicant, who was then working for a State enterprise, suffered serious injuries due to an accident at work.

Considering that the compensation which an insurance company had paid to him was insufficient, the applicant issued, on 16 November 1994, proceedings for loss of earnings against the insurance company before the Brno Municipal Court (městský soud).

On 12 March 1996 the court held a hearing at which the applicant extended his claim. The defendant did not attend the hearing.

On 28 March 1996 he submitted the written extension of his claim.

Another hearing was held on 25 March 1997, the defendant being again absent.

On 29 May 1997 the Municipal Court received the applicant’s further extension of his action.

On 3 June 1997 the court held a hearing.

On 19 February 1999 an expert from economy, work and wage (ekonimika, odvětví práce a mzdy) was appointed upon the applicant’s suggestion of 10 February 1999.

On 29 October 1999 the expert submitted his report.

A hearing was held before the Municipal Court on 4 April 2000 at which the court admitted a modification of the applicant’s claim.

An amendment to the expert report was drawn up on 23 October 2000.

According to the applicant, by 9 August 2001, the Municipal Court had held four oral hearings.

On 10 October 2001 the expert presented his written submission in reply to the defendant’s questions of 22 March 2001.

By an interim judgment of 15 November 2001, the Municipal Court upheld the applicant’s claim.

On 1 February 2002 the defendant appealed.

On 21 January 2005 a hearing was held before the Brno Regional Court (krajský soud).

On 11 February 2005 the Regional Court quashed the first instance judgment and remitted the case to the Municipal Court. On 30 March 2005 the case-file was sent to it.

The proceedings are still pending.

COMPLAINT

Invoking Article 6 § 1 of the Convention, the applicant originally complained that the proceedings for damages lasted an unreasonably long time.

THE LAW

The Court received the following declaration from the Government:

“I, Vít Schorm, Agent of the Government of the Czech Republic, declare that the Government of the Czech Republic offer to pay 8,900 euros to Jan Bačinský with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Czech korunas at the rate applicable on the date of payment, free of any taxes that may 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 undertake 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 Court received the following declaration signed by the applicant:

“I, Jan Bačinský, note that the Government of the Czech Republic are prepared to pay me the sum of 8,900 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into Czech korunas at the rate applicable on the date of payment, free of any taxes that may 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

I accept the proposal and waive any further claims against the Czech Republic in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”

The Court takes note of the friendly settlement reached between the parties. It finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the further examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, the application to the case of Article 29 § 3 of the Convention should be discontinued and the case struck out of the list.

 

For these reasons, the Court unanimously

Declares to strike the application out of its list of cases.

S. Dollé  J.-P. Costa 
 Registrar President

BAČINSKÝ v. THE CZECH REPUBLIC DECISION


BAČINSKÝ v. THE CZECH REPUBLIC DECISION