FIFTH SECTION
DECISION
Application no. 10885/15
Vassilios LASOS
against Germany
The European Court of Human Rights (Fifth Section), sitting on 24 May 2016 as a Committee composed of:
Khanlar Hajiyev, President,
Faris Vehabović,
Carlo Ranzoni, judges,
and Milan Blaško, Deputy Section Registrar,
Having regard to the above application lodged on 25 February 2015,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Vassilios Lasos, is a German and Greek national who was born in 1962 and lives in Billerbeck. He is represented before the Court by Mr G. Rixe, a lawyer practising in Bielefeld.
The German Government (“the Government”) were represented by one of their Agents, Mr H. J. Behrens.
On 5 May 2011 the mother of the applicant’s two children lodged an application with the family court to suspend the applicant’s contact rights. On 17 May 2013 the court ordered that the applicant should have a four‑hour contact session with the children every three months. On 19 February 2014 the Hamm Court of Appeal dismissed the applicant’s related appeal. On 21 October 2014 the Federal Constitutional Court declined to consider the applicant’s constitutional complaint, without providing reasons for its decision (no. 1 BvR 1814/14).
The applicant complained under Article 8 of the Convention that the family court did not expedite the proceedings with the requisite exceptional diligence. Under Article 8, read in conjunction with Article 13 of the Convention, he further complained that German law does not provide an effective remedy for expediting protracted court proceedings in family matters.
On 14 and 21 March 2016 the Court received a joint declaration duly signed by both parties, whereby the Government acknowledged a violation of the applicant’s rights under Article 8 alone and read in conjunction with Article 13. Furthermore, it declared to pay the applicant 7,000 euros (EUR) to cover any pecuniary and non-pecuniary damage as well as costs and expenses. The applicant agreed to have his application struck out of the Court’s list of cases once the Government had paid this sum.
On 5 April 2016 the applicant informed the Court that he had received the amount of EUR 7,000 and agreed to his application being struck of the Court’s list of cases.
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 June 2016.
Milan BlaškoKhanlar Hajiyev
Deputy RegistrarPresident
Full & Egal Universal Law Academy