European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 2390/09
by Martin KUSCHMANN
against Germany

The European Court of Human Rights (Fifth Section), sitting on
31 May 2010 as a Committee composed of:

Karel Jungwiert, President,
Renate Jaeger,
Mark Villiger, judges,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 14 January 2009,

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

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Martin Kuschmann, a German national who was born in 1979 and lives in Oschatz. He was represented before the Court by Mr R. Horbas, a lawyer practising in Oschatz.
The German Government (“the Government”) were represented by their Deputy Agent, Mr H.-J. Behrens, Ministerialrat, of the Federal Ministry of Justice.

On 24 November 2009 the Court decided to communicate the applicant's complaint concerning the length of social court proceedings.

On 19 March 2010 the Court received an agreement on a friendly settlement of the case signed by the Government on 11 March 2010 and by the applicant's legal representative on 19 March 2010 under which the applicant agreed to waive any further claims against Germany in respect of the facts giving rise to this application against an undertaking by the Government to pay him 6,500 euros to cover any pecuniary and non pecuniary damage as well as costs and expenses, and which will be free of any taxes that may be applicable. It 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. The payment will constitute the final resolution of the case.

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 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 strike the case out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Stephen Phillips Karel Jungwiert
Deputy Registrar President