THIRD SECTION
DECISION
Application no. 46766/18
Delphine PAGO
against Germany
(see appended table)
The European Court of Human Rights (Third Section), sitting on 21 January 2021 as a Committee composed of:
Darian Pavli, President,
Dmitry Dedov,
Peeter Roosma, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 24 September 2018,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms S. Katzenmaier, a lawyer practising in Saarbrücken.
The applicant’s complaints under Articles 6, 8 and 13 of the Convention concerning the length of proceedings and the availability of an effective domestic remedy in this respect, and under Article 8 concerning the restrictions on the applicant’s right to have contact with her child were communicated to the German Government (“the Government”).
The Court received the friendly-settlement declaration, signed by the parties, under which the applicant agreed to waive any further claims against Germany in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 the Protocols thereto 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 as regards the complaints under Articles 6, 8 and 13 of the Convention concerning the length of proceedings and the availability of an effective domestic remedy in this respect, as well as concerning the restrictions on the applicant’s right to have contact with her child.
The applicant also complained that the German courts had failed to obtain an expert opinion about the necessity of the restrictions of her contact rights and about the child’s wishes.
The Court has examined this complaint and considers that, in the light of all the material in its possession, this complaint does not disclose any appearance of a violation of the rights and freedoms enshrined in the Convention or the Protocols thereto.
It follows that this complaint must be rejected in accordance with Article 35 § 4 of the Convention.
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 as regards the complaints under Articles 6, 8 and 13 of the Convention concerning the length of proceedings and the availability of an effective domestic remedy in this respect, as well as concerning the restrictions on the applicant’s right to have contact with her child;
Declares the remainder of the application inadmissible.
Done in English and notified in writing on 11 February 2021.
Liv TigerstedtDarian Pavli
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Articles 6, 8 and 13 of the Convention
(the length of proceedings, the availability of an effective domestic remedy
and the restrictions on the applicant’s right to have contact with her child)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
46766/18
24/09/2018
Delphine PAGO
1971
Silvia Katzenmaier
Saarbrücken
22/12/2020
13/11/2020
4,000
3,000
[1] Plus any tax that may be chargeable to the applicant.
[2] Plus any tax that may be chargeable to the applicant.
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