Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
28989/14

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC002898914

FIFTH SECTION

DECISION

Application no. 28989/14

Rainer THINNES

against Germany

(see appended table)

The European Court of Human Rights (Fifth Section), sitting on 12 September 2019 as a Committee composed of:

Ganna Yudkivska, President,

André Potocki,

Yonko Grozev, judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 7 April 2014,

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 Möller, a lawyer practising in Völklingen.

The applicant's complaints under Articles 5 § 1 and 7 § 1 of the Convention concerning the prolongation of his preventive detention beyond the former ten-year maximum duration were communicated to the German Government ("the Government").

The Court received the friendly-settlement declaration, signed by both parties, under which the applicant agreed to waive any further claims against Germany in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court's decision.

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 3 October 2019.

Liv Tigerstedt

Ganna Yudkivska

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 5 § 1 and 7 § 1 of the Convention

(Subsequent prolongation of preventive detention)

Application no.

Date of introduction

Applicant's name

Date of birth

Representative's name and location

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

per applicant

(in euros) 1

28989/14

07/04/2014

Rainer Thinnes

16/10/1961

Möller Olaf

Völklingen

9,500

1

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