FIFTH SECTION
DECISION
Application no. 50848/18
Johann GIGERL
against Austria
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 29 August 2019 as a Committee composed of:
Yonko Grozev, President,
Ganna Yudkivska,
André Potocki, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 October 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr C. Függer, a lawyer practising in St. Pölten.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the fairness of his civil proceedings were communicated to the Austrian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicant agreed to waive any further claims against Austria in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay him the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the 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.
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 the Protocols thereto and finds no reasons to justify a continued examination of the application.
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 in accordance with Article 39 of the Convention.
Done in English and notified in writing on 19 September 2019.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(fairness of civil proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage as well as costs and expenses
per applicant
(in euros)[i]
50848/18
25/10/2018
Johann Gigerl
26/10/1952
Függer Christian
St. Pölten
30/04/2019
16/05/2019
1,000
[i]. Plus any tax that may be chargeable to the applicant.
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