European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/729.html
Cite as: [2011] ECHR 729
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FIFTH SECTION
DECISION
Application no.
21369/07
by Ernst SAKEWITZ
against Germany
The European Court of Human Rights (Fifth Section), sitting on 12 April 2011 as a Committee composed of:
Boštjan
M. Zupančič,
President,
Ganna
Yudkivska,
Angelika
Nußberger,
judges,
and
Stephen Phillips, Deputy
Section Registrar,
Having regard to the above application lodged on 21 May 2007,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The applicant, Mr Ernst Sakewitz, is a German national who was born in 1963 and lives in Seestermühe. He was represented before the Court by Ms A. Zeycan, a lawyer practising in Bochum. 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, 8, 14 and Article 5 Protocol no. 7 about different aspects of his civil proceedings, inter alia about the length of the interim and the main proceedings. On 2 November 2010 the Court decided to communicate to the Government the applicant’s complaint under Article 6 about the length of the main proceedings and declared the remainder of the application inadmissible.
On 24 February 2011 the Court received an agreement on a friendly settlement of the case signed by the Government on 26 January 2011 and by the applicant on 22 February 2011 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 6,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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 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 Boštjan M.
Zupančič
Deputy Registrar President