Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 21 marca 2019 r.
12820/17

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0321DEC001282017

SECOND SECTION

DECISION

Application no. 12820/17

Dilşah DOĞAN

against Turkey

The European Court of Human Rights (Second Section), sitting on 21 March 2019 as a Committee composed of:

Stéphanie Mourou-Vikström, President,

Arnfinn Bårdsen,

Darian Pavli, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 9 January 2017,

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

Having deliberated, decides as follows:

Uzasadnienie faktyczne

FACTS AND PROCEDURE

The applicant's details are set out in the appended table.

The applicant was represented by Mr S. Bozkurt, a lawyer practising in Ankara.

The applicant's complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Turkish Government ("the Government").

The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Turkey in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amount detailed in the appended table. This amount will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court's decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the 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.

Uzasadnienie prawne

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 the Protocols thereto and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

Sentencja

FOR THESE REASONS, THE COURT, UNANIMOUSLY,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 11 April 2019.

Liv Tigerstedt

Stéphanie Mourou-Vikström

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(excessive length of civil proceedings)

Application no.

Date of introduction

Applicant's name

Date of birth

Representative's name

and location

Date of receipt of Government's declaration

Date of receipt of Applicant's declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses per applicant

(in euros) 1

12820/17

09/01/2017

Dilşah Doğan

01/04/1965

Saim Bozkurt

Ankara

14/12/2017

27/10/2017

2,000

1

. Plus any tax that may be chargeable to the applicants.