FIFTH SECTION
DECISION
Application no. 10465/05
by Joachim LÖHR
against Germany
The European Court of Human Rights (Fifth Section), sitting on
4 December 2007 as a Chamber composed of:
MrP. Lorenzen, President,
MrK. Jungwiert,
MrV. Butkevych,
MrsM. Tsatsa-Nikolovska,
MrJ. Borrego Borrego,
MrsR. Jaeger,
MrM. Villiger, judges,
and Mrs C. Westerdiek, Section Registrar,
Having regard to the above application lodged on 13 March 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 Joachim Löhr, is a German national who was born in 1958 and lives in Bad Berka. He was represented before the Court by
Mr P. Huber, a professor at Munich University. The German Government (“the Government”) were represented by their Deputy Agent,
Mr H. Behrens, Regierungsdirektor, of the Federal Ministry of Justice.
The facts of the case, as submitted by the applicant, may be summarised as follows.
From July 1977 to June 1979 the applicant performed his military service; subsequently he took part in a number of military exercises.
Since November 1989 he worked as a lawyer and paid contributions to the Bavarian lawyer’s pension fund. He was thus exempt from paying contributions to the old-age pension fund.
In 1992 the applicant filed a request with the Federal Insurance Office for Employees to be refunded the contributions made by the Federal State on his behalf to the old-age pension fund for the period of 29 months of his military service.
On 25 January 1993 the Insurance Office refused the applicant’s request.
On 17 May 1994 the Würzburg Social Court rejected the applicant’s claim.
On 9 December 1994 the Bavarian Social Court of Appeal rejected the applicant’s appeal.
On 31 August 2004 the Federal Constitutional Court, sitting as a panel of three judges, refused to accept the applicant’s complaint for lack of prospect of success. This decision was served on the applicant on
17 September 2004.
COMPLAINT
The applicant complained under Article 6 § 1 of the Convention about the length of the proceedings before the Federal Constitutional Court.
THE LAW
On 6 November 2007 the Court received the following declaration from the Government signed on 5 November 2007:
“I, Dr Hans-Jörg Behrens, Deputy Agent of the Government of the Federal Republic of Germany, declare that the Government of Germany offer to pay ex gratia
9,800 euros to Mr Joachim Löhr 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 and 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.”
On 7 November 2007 the Court received the following declaration signed by the applicant’s counsel on 3 November 2007:
“I, Prof Dr Peter-Michael Huber, representative of the applicant, note that the Government of Germany are prepared to pay ex gratia the sum of 9,800 euros to
Mr Joachim Löhr 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 and 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. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount 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 a final resolution of the case.”
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). In view of the above, it is appropriate to discontinue the application of Article 29 § 3 and 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.
Claudia WesterdiekPeer Lorenzen
RegistrarPresident
Full & Egal Universal Law Academy