FIFTH SECTION
DECISION
Application no. 24705/14
Adem KESKIN and Others
against Germany
The European Court of Human Rights (Fifth Section), sitting on 21 February 2017 as a Committee composed of:
Faris Vehabović, President,
Carlo Ranzoni,
Lәtif Hüseynov, judges,
and Anne-Marie Dougin, Acting Deputy Section Registrar,
Having regard to the above application lodged on 25 March 2014,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The first applicant, Mr Adem Keskin, and the second applicant, Mrs Akgül Keskin, were born in 1970. The third applicant, Mr Ömer Faruk Karanfil, was born in 2003. The applicants are Turkish nationals and live in Mannheim, Germany. They were represented before the Court by Mr H. Salan, a lawyer practising in Mannheim.
The German Government (“the Government”) were represented by two of their Agents, Mr H.-J. Behrens and Mrs K. Behr, of the Federal Ministry of Justice and Consumer Protection.
The Turkish Government, having been informed of their right to intervene in the proceedings (Article 36 § 1 of the Convention and Rule 44 of the Rules of Court), did not indicate that they wished to exercise that right.
The applicants complained under Article 8 of the Convention about the refusal of the German courts to legally recognise the judgment by a Turkish court granting the adoption of the third applicant by the first and the second applicants.
On 18 January 2017 the Court received a friendly settlement agreement, reached directly between the parties without the Court’s involvement and duly signed by both of them. Under that agreement, the applicants consented to having their application struck out of the Court’s list of cases against an undertaking by the Government to pay them 7,500 (seven thousand five hundred) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This amount will be payable within three months from the date of notification of the decision taken by the Court to strike the case out of its list. The payment will constitute the final resolution of the case.
THE LAW
In the light of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine.
Accordingly, the case should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases.
Done in English and notified in writing on 16 March 2017.
Anne-Marie DouginFaris Vehabović
Acting Deputy RegistrarPresident
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