FIFTH SECTION
DECISION
Applications no. 51626/15 and 57301/16
WÖGLER BAU GES.M.B.H. against Austria
and STEINER against Austria
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 30 August 2018 as a Committee composed of:
Yonko Grozev, President,
Gabriele Kucsko-Stadlmayer,
Lәtif Hüseynov, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil proceedings were communicated to the Austrian Government (“the Government”).
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Austria in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 20 September 2018.
Liv TigerstedtYonko Grozev
Acting Deputy RegistrarPresident
APPENDIX
No.
Application no.
Date of introduction
Applicant name
Date of birth /
Date of registration
Representative name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded to cover any and all damage as well as costs and expenses (in euros)[1]
51626/15
07/10/2015
Wögler Bau Ges.m.b.H.
22/07/1993
Toth Josef
Wien
18/12/2017
20/11/2017
12,000
57301/16
28/09/2016
Reinhard Steinert
15/04/1955
Riedl Martin
Wien
12/04/2018
25/04/2018
8,000
[1]. Plus any tax that may be chargeable to the applicants.
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