European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 35749/07
by Jens-Uwe UMBREIT
against Germany

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

Mark Villiger, President,
Renate Jaeger,
Isabelle Berro-Lefèvre, judges,
and Stephen Phillips, Deputy SectionRegistrar,

Having regard to the above application lodged on 8 August 2007,

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 Jens-Uwe Umbreit, a German national who was born in 1964 and lives in Ilmenau. The German Government (“the Government”) were represented by their Deputy Agent, Mr H.-J. Behrens, of the Federal Ministry of Justice.

The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings before the Suhl Labour Court , the Thüringen Labour Court of Appeal and the Federal Labour Court which were instituted in 1994 and terminated on 14 February 2007.

On 25 January 2010 the President of the Fifth section decided to give notice of the application to the Governement.

On 19 June and 1 July 2010 the Court received friendly settlement declarations signed by the parties 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
10,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. 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 Mark Villiger
Deputy Registrar President