FIFTH SECTION
DECISION
Application no. 22906/18
Frank Alexander SIMONIS
against Germany
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 10 October 2019 as a Committee composed of:
Ganna Yudkivska, President,
André Potocki,
Yonko Grozev, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 4 May 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 Mr J. Ehlen, a lawyer practising in Wittlich.
The applicant’s complaint under Article 8 of the Convention concerning the order by the Trier police for the applicant to be finger- and palmprinted, photographed, measured and his outward physical characteristics recorded, was communicated to the German Government (“the Government”).
On 16 April 2019 the Court received the friendly-settlement declaration 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 him the amount detailed in the appended table and to delete data about the applicant in the police’s databases. The amount will be payable within three months from the date of notification of the Court’s decision.
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.
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 31 October 2019.
Liv TigerstedtGanna Yudkivska
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 8 of the Convention
(personal data registered in official files)
Application no.
Date of introduction
Applicant’s name
Date of birth
Representative’s name and location
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant (in euros)[i]
22906/18
04/05/2018
Frank Alexander Simonis
31/01/1979
Ehlen Jörg
Wittlich
7,500
[i]. Plus any tax that may be chargeable to the applicants.
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