European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2009/1387.html
Cite as: [2009] ECHR 1387
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FIRST SECTION
DECISION
Application no.
10099/06
by Adolf HOLZINGER
against Austria
The European Court of Human Rights (First Section), sitting on 3 September 2009 as a Chamber composed of:
Christos
Rozakis,
President,
Nina
Vajić,
Anatoly
Kovler,
Elisabeth
Steiner,
Khanlar
Hajiyev,
Dean
Spielmann,
Sverre
Erik Jebens,
judges,
and Søren
Nielsen, Section
Registrar,
Having regard to the above application lodged on 22 January 2006,
Having regard to the decision to examine the admissibility and merits of the case together (Article 29 § 3 of the Convention),
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Adolf Holzinger, is an Austrian national who was born in 1934 and lives in Oberalm. The Austrian Government (“the Government”) were represented by their Agent, Ambassador F. Trauttmansdorff, Head of the International Law Department at the Federal Ministry of Foreign Affairs.
The facts of the case, as submitted by the parties, may be summarised as follows.
On 17 May 2000 the applicant filed an action for damages against S.K., a lawyer who had represented him in previous civil proceedings. On 19 December 2003 the Salzburg District Court gave judgement in writing. It granted a part of the applicant’s claim and dismissed the remainder. On 20 October 2005 the Salzburg Regional Court dismissed S.K.’s appeal.
COMPLAINTS
The applicant complained under Article 6 of the Convention about the length of the proceedings.
He further raised under the same provision certain other issues related to the proceedings before the domestic courts.
THE LAW
On 18 June 2009 the Court received the following declaration from the Government:
“I declare that the Government of Austria offer to pay ex gratia the sum of 3,100 Euros to Mr Adolf Holzinger with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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.”
On 2 June 2009 the Court received the following declaration signed by the applicant:
“I, Adolf Holzinger, note that the Government of Austria are prepared to pay me ex gratia the sum of 3,100 Euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I accept the proposal and waive any further claims against Austria in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case.”
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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren Nielsen Christos Rozakis
Registrar President