FOURTH SECTION
DECISION
Application no. 8322/13
Mário Peter LUWISCH and Mariagrazia MARINI LUWISCH
against Portugal
The European Court of Human Rights (Fourth Section), sitting on 19 April 2016 as a Committee composed of:
Boštjan M. Zupančič, President,
Paulo Pinto de Albuquerque,
Iulia Antoanella Motoc, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 18 January 2013,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicants, Mr Mário Peter Luwisch and Ms Mariagrazia Marini Luwisch, are Portuguese and Italian nationals, who were born in 1942 and 1946 respectively and live in Grândola. They were represented before the Court by Mr L. Vasconcelos Abreu, a lawyer practising in Lisbon.
The Portuguese Government (“the Government”) were represented by their Agent, Mrs M. F. da Graça Carvalho, Deputy Attorney-General.
The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings to which they were a party.
On 3 December 2015 and 17 February 2016 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Portugal in respect of the facts giving rise to this application against an undertaking by the Government to jointly pay them EUR 6,200 (six thousand two hundred euros) to cover any non-pecuniary damage as well as costs and expenses, which 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. In the event of failure to pay this sum within the said three-month period, the Government undertook 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 its Protocols 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 12 May 2016.
Fatoş AracıBoštjan M. Zupančič
Deputy RegistrarPresident
Full & Egal Universal Law Academy