Judgment (Struck out of the List) of Court (Fifth Section), June 11, 2015 (case CASE OF R & L, S.R.O. v. THE CZECH REPUBLIC)

JudgeVOLNA R.
DefenseTHE CZECH REPUBLIC
Resolution DateJune 11, 2015
Issuing OrganizationCourt (Fifth Section)

FORMER FIFTH SECTION

CASE OF R & L, S.R.O. v. THE CZECH REPUBLIC

(Application no. 37926/05)

JUDGMENT

(Just satisfaction – Striking out)

STRASBOURG

11 June 2015

This judgment is final but it may be subject to editorial revision.

In the case of R & L, s.r.o. v. the Czech Republic,

The European Court of Human Rights (Former Fifth Section), sitting as a Chamber composed of:

             Mark Villiger, President,              Angelika Nußberger,              Boštjan M. Zupančič,              Ganna Yudkivska,              André Potocki,              Helena Jäderblom, judges,              Zdeněk Kühn, ad hoc judge,and Claudia Westerdiek, Section Registrar,

Having deliberated in private on 19 May 2015,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

  1. The case originated in an application (no. 37926/05) against the Czech Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 12 October 2005. The applicant is a Czech limited liability company having its registered seat in Brno. It was represented before the Court by Ms R. Volná, a lawyer practising in Brno. The Czech Government (“the Government”) were represented by their Agent, Mr Vít A. Schorm, of the Ministry of Justice.

  2. Mr Karel Jungwiert, the judge elected in respect of the Czech Republic, was unable to sit in the case (Rule 28). Accordingly, the President of the Chamber decided to appoint Mr Zdeněk Kühn to sit as an ad hoc judge (Rule 29 § 1(b)).

  3. In a judgment delivered on 3 July 2014 (“the principal judgment”), the Court decided to join the application to four other applications (nos. 25784/09, 36002/09, 44410/09 and 65546/09) and held that there had been a violation of Article 1 of Protocol No. 1 (see R & L, s.r.o. and Others v. the Czech Republic, nos. 37926/05, 25784/09, 36002/09, 44410/09 and 65546/09, § 127 and points 1 and 3 of the operative provisions).

  4. Under Article 41 of the Convention the applicant claimed CZK 743,148 (EUR 27,122) in respect of pecuniary damage, EUR 10,000 in respect of non-pecuniary damage, CZK 52,715 (EUR 1,924) for costs and expenses incurred in the domestic proceedings and CZK 78,120 (EUR 2,851) for those incurred in the proceedings before the Court (see R & L, s.r.o. and Others, cited above, § 140).

  5. Since the question of the application of Article 41 of the Convention was not ready for decision, the Court reserved it and invited the...

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