The claimant said that the defendant country had failed to provide her with an effective remedy for delay in proceedings before its courts. She had sought damages after being involved in a fire. She began proceedings in 1989, and they were concluded in 2006. The government pleaded that the claimant had not yet exhausted her domestic remedies.
Held: The court would not depart from its previous findings as to the inadequacy of remedy provided in Slovenia for delay. The claim was admissible. The length of the proceedings, which lasted more than ten years in the period within the Court’s temporal jurisdiction, was excessive and failed to meet the ‘reasonable-time’ requirement. There was accordingly been a breach of Article 6 ss 1 of the Convention.
35463/02, [2009] ECHR 1, [2009] ECHR 29
Bailii, Bailii
European Convention on Human Rights 13 6
Human Rights
Citing:
Cited – Lukenda v Slovenia ECHR 6-Oct-2005
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 6-1; Violation of Art. 13; Non-pecuniary damage – financial award; Costs and expenses award – Convention proceedings. . .
Cited – Grzincic v Slovenia ECHR 3-May-2007
. .
Cited – Bock v Germany ECHR 29-Mar-1989
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Non-pecuniary damage – financial award; Pecuniary damage – claim rejected; Costs and expenses award – domestic proceedings; Costs and expenses . .
Cited – Matica v Romania ECHR 2-Nov-2006
. .
Cited – Frydlender v France ECHR 27-Jun-2000
The reasonableness of the length of proceedings must be assessed in the light of the circumstances of the case and with reference to the criteria established by its case-law, particularly the complexity of the case, the conduct of the applicant and . .
Cited – Dezelak v Slovenia ECHR 6-Apr-2006
. .
Cited – Wierciszewska v Poland ECHR 25-Nov-2003
ECHR Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Pecuniary damage – claim rejected ; Non-pecuniary damage – financial award ; Costs and expenses (domestic proceedings) – claim rejected ; Costs . .
Cited – Loffler v Austria ECHR 3-Oct-2000
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings . .
Cited – Sablon v Belgique ECHR 10-Apr-2001
. .
Cited – Kudla v Poland ECHR 2000
Grand Chamber – Article 13 guarantees an effective remedy before a national authority for an alleged breach of the requirement under Article 6.1 to hear a case within a reasonable time. . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 01 November 2021; Ref: scu.279787