Soňa Šimková v. Slovakia

The applicant married Mr. S. in 1994, and had a daughter with him in 1995. Since that time, the applicant and Mr. S. never lived in a common household. In 1996, the District Court pronounced the dissolution of marriage, which became final in 1997, and gave custody to the applicant. Mr. S. was ordered to contribute to child maintenance. In 1996, the applicant brought an action against Mr. S. with the District Court, seeking an order that he contribute to her maintenance as his spouse. After multiple hearings, appeals, and remittance to the District Court, the District Court finally ruled in 2002 that during the relevant period, Mr. S. had been obliged to contribute to the applicant’s maintenance. The Regional Court dismissed both parties’ appeals. In 1997, the applicant lodged an action with the District Court seeking an order that Mr. S. contribute to her post-divorce maintenance, as she was unable to provide for herself alone. After another lengthy process of hearings, appeals, remittance, and re-examination, the District Court ruled in 2002 that Mr. S. had been obliged to contribute to the applicant’s maintenance. Upon Mr. S.’s appeal, the Regional Court modified the judgement in 2003 and detailed new amounts Mr. S. must pay. In 2000, the applicant lodged a petition with the Constitutional Court complaining of undue delays in the above two sets of proceedings and two other sets of proceedings. The court found that the District Court had violated her right to a hearing without unjustified delay in the above actions. However, at that time, the Constitutional Court lacked jurisdiction to draw legal consequences from the finding. The applicant then argued the above proceedings violated her right to the “reasonable time” requirement in Article 6 Section 1 of the European Convention. The Government admitted that this right had been violated. The court held that there had been a violation of this requirement, and that the respondent State must pay the applicant damages.