Orzeczenia sądów
Opublikowano: www.echr.coe.int

Decyzja
Europejskiego Trybunału Praw Człowieka
z dnia 12 września 2019 r.
8326/19

UZASADNIENIE

Wstęp

ECLI:CE:ECHR:2019:0912DEC000832619

FIFTH SECTION

DECISION

Application no. 8326/19

Heiner HOLZAPFEL

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 6 February 2019,

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

The Court received the friendly-settlement declaration 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 amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court's decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 3 October 2019.

Liv Tigerstedt

Ganna Yudkivska

Acting Deputy Registrar

President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

(length of civil proceedings)

Application no.

Date of introduction

Applicant's name

Date of birth

Date of receipt of Government's declaration

Date of receipt of Applicant's declaration

Amount awarded for non–pecuniary damage per applicant

(in euros) 1

Amount awarded for costs and expenses per application

(in euros) 2

8326/19

06/02/2019

Heiner Holzapfel

28/07/1953

03/06/2019

03/05/2019

3,000

3,000

1

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

2

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