THIRD SECTION
DECISION
Application no. 51451/19
Katrin PILL
against Germany
(see appended table)
The European Court of Human Rights (Third Section), sitting on 19 May 2022 as a Committee composed of:
Darian Pavli, President,
Andreas Zünd,
Mikhail Lobov, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 September 2019,
Having regard to the declaration submitted by the respondent Government requesting the Court to strike the application out of the list of cases, and the applicant’s reply to this declaration,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr J. Leibold, a lawyer practising in Nürtingen.
The applicant’s complaints under Article 10 § 1 and Article 6 § 1 of the Convention concerning the freedom of expression and the right to a fair hearing were communicated to the German Government (“the Government”).
The Government submitted a declaration with a view to resolving the issues raised by these complaints. They further requested the Court to strike out the application. They acknowledged that the judicial termination of the applicant’s employment contract by the judgment of the Baden-Württemberg Labour Court of Appeal of 9 May 2014 constituted a violation of the right to freedom of expression as provided for in Article 10 § 1 of the Convention, taken separately and in conjunction with the right to a fair trial as provided for in Article 6 of the Convention. They offered to pay the applicant the amount detailed in the appended table and invited the Court to strike the application out of the list of cases in accordance with Article 37 § 1 (c) of the Convention. The amount would be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned 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 applicant informed the Court that she agreed to the terms of the declaration.
THE LAW
The Court finds that, following the applicant’s explicit agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.
It therefore 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 the 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 9 June 2022.
Viktoriya Maradudina Darian Pavli
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 10 § 1 and Article 6 § 1 of the Convention
(freedom of expression and right to a fair hearing)
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 acceptance
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant
(in euros)[1]
51451/19
30/09/2019
Katrin PILL
1970
Leibold Jochen
Nürtingen
22/12/2021
19/04/2022
16,000
[1] Plus any tax that may be chargeable to the applicant.