FIFTH SECTION
DECISION
Application no. 27696/05
by Wolfgang GRIMM
against Germany
The European Court of Human Rights (Fifth Section), sitting on 13 March 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrsS. Botoucharova,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrR. Maruste,
MrJ. Borrego Borrego,
MrsR. Jaeger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 27 July 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Wolfgang Grimm, is a German national who was born in 1955 and lives in Liederbach in Germany. He is represented before the Court by Mr W. Burdenski, a lawyer practising in Frankfurt/Main, Germany. The respondent Government are represented by
Mrs A. Wittling-Vogel, Ministerialdirigentin, of the Federal Ministry of Justice.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 30 December 1998 the applicant instigated divorce proceedings before the Frankfurt District Court (Amtsgericht).
Between 1990 and 2006 the Frankfurt District Court held a number of hearings.
In January 2007 the divorce proceedings were still pending before the Frankfurt District Court.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the divorce proceedings before the Frankfurt District Court.
THE LAW
On 29 January 2007 the Court received the following declaration from the Government:
“I, Mrs Almut Wittling-Vogel, Agent of the Government, declare that the Government of Germany offer to pay ex gratia 9,000 euros to Mr Wolfgang Grimm with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 as far as it regards the length of the divorce proceedings, pending before the Frankfurt am Main District Court (file no. 35 F 3003/99-54), until the date on which the parties conclude the friendly settlement.”
On 12 February 2007 the Court received the following declaration signed by the applicant’s representative:
“I, Mr Wolfhart Burdenski, legal counsel, note that the Government of Germany are prepared to pay ex gratia the sum of 9,000 euros to Mr Wolfgang Grimm with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, 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. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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.
I accept the proposal and waive any further claims against Germany in respect of the facts giving rise to this application. I declare that this constitutes the final resolution of the case insofar it regards the length of the divorce proceedings, pending before the Frankfurt am Main District Court (file no. 35 F 3003/99-54), until the date on which the parties conclude the friendly settlement.”
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). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy