SECOND SECTION
DECISION
Application no. 19048/03
by Romas JUODSNUKIS
against Lithuania
The European Court of Human Rights (Second Section), sitting on
10 October 2006 as a Chamber composed of:
MrJ.-P. Costa, President,
MrA.B. Baka,
MrI. Cabral Barreto,
MrsA. Mularoni,
MrsE. Fura-Sandström,
MsD. Jočienė,
MrD. Popović, judges,
and Mrs S. Dollé, Section Registrar,
Having regard to the above application lodged on 13 June 2003,
Having regard to the communication of the case on 8 September 2005,
Having regard to a friendly settlement reached by the parties on 3 July 2006,
Having deliberated, decides as follows:
THE FACTS, COMPLAINTS AND PROCEDURE
The applicant, formerly a private in the Lithuanian military, complained about administrative proceedings involving the Ministry of Defence. He claimed a violation of Articles 5, 6 and 7 of the Convention, as well as Article 4 of Protocol No. 7.
The President of the Chamber communicated the case to the respondent Government on 8 September 2005 (Rule 54 § 2 (b) of the Rules of Court).
On 3 July 2006 the applicant and the respondent Government concluded a friendly settlement, the relevant operative part of which reads as follows:
“1. The Government of the Republic of Lithuania, respecting human rights and fundamental freedoms, and the applicant R. Juodsnukis, reach a friendly settlement in the case Juodsnukis v. Lithuania (no. 19048/03).
2. The Government of the Republic of Lithuania undertake to pay the applicant R. Juodsnukis ex gratia compensation of 15,000 (fifteen thousand) litai [LTL, about EUR 4,344] to cover any pecuniary and non-pecuniary damage, and costs and expenses, concerning the above application. This compensation shall be paid within three months from the adoption of a decision of the European Court of Human Rights under Article 39 of the Convention.
3. The applicant R. Juodsnukis and the Government of the Republic of Lithuania declare that the friendly settlement constitutes the final resolution of the case Juodsnukis v. Lithuania before the European Court of Human Rights (no. 19048/03). The applicant declares that he waives any further claims against the Republic of Lithuania with regard to the above application. ...”
By a letter of 10 August 2006, the applicant requested the Court to discontinue the examination of the case in view of this settlement.
THE LAW
In the light of the above declaration, the Court notes that the matter has been resolved, and that the applicant has no further claims against the Lithuanian authorities with regard to the present case.
The Court finds no general issue concerning the respect for Human Rights warranting the continued examination of the application. The Court therefore grants the applicants’ request.
The Court considers it appropriate to terminate the application of Article 29 § 3 of the Convention to the case and to strike it out of its list, pursuant to Article 37 § 1.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
S. Dollé J.-P. Costa
RegistrarPresident
Full & Egal Universal Law Academy