THIRD SECTION
DECISION
Application no. 11761/20
J.S.
against Estonia
The European Court of Human Rights (Third Section), sitting on 17 June 2021 as a Committee composed of:
Dmitry Dedov, President,
Darian Pavli,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 28 February 2020,
Having regard to the decision to grant the applicant anonymity under Rule 47 § 4 of the Rules of Court,
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 Ms Lõhmus-Ein, a lawyer practising in Tartu.
The applicant’s complaints under Articles 6 and 8 of the Convention concerning the custody dispute and contact rights were communicated to the Estonian Government (“the Government”).
The Court received the friendly-settlement declaration, signed by the parties, under which the applicant agreed to waive any further claims against Estonia in respect of the facts giving rise to this application, and the Government undertook to pay the applicant 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 8 July 2021.
{signature_p_2}
Viktoriya MaradudinaDmitry Dedov
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 8 of the Convention
(custody dispute and contact rights)
Application no.
Date of introduction
Applicant’s name
Year of birth
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
(in euros)[1]
11761/20
28/02/2020
J. S.
1973
17/05/2021
25/05/2021
12,000
[1] Plus any tax that may be chargeable to the applicant.
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