European Court of Human Rights

FIFTH SECTION

DECISION

Application no. 13868/08
by Erdun DOERTOLUK
against Germany

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

Mark Villiger, President,
Isabelle Berro-Lefèvre,
Ganna Yudkivska, judges,
and Stephen Phillips, Deputy Section Registrar,

Having regard to the above application lodged on 12 March 2008,

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 Erdun Doertoluk, a Turkish national who was born in 1945 and lives in Aschaffenburg. He was represented before the Court by Mr S. Kalb, a lawyer practising in Aschaffenburg. The German Government (“the Government”) were represented by their Agent, Mrs A. Wittling-Vogel, Ministerialdirigentin, Federal Ministry of Justice.

The applicant complained under Articles 6 § 1 and 13 of the Convention about the length of social court proceedings and the lack of an effective remedy in this respect. On 9 February 2010 the Court communicated the applicant's complaints to the Government.

On 19 July 2010 the Court received an agreement on a friendly settlement of the case signed by the Government on 23 June 2010 and by the applicant on 12 July 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
6,800 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 Mark Villiger
Deputy Registrar President