Wögerer v. Austria

FOURTH SECTION

Application no. 68977/17 Heinz WÖGERER against Austria

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 11 March 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 14 September 2017,

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 M. Poduschka, a lawyer practising in Linz.

The applicant’s complaints under Article 6 § 1 of the Convention concerning the fairness of his civil proceedings, during which his request for referral of the matter to the Court of Justice of the European Union for a preliminary ruling was dismissed, were communicated to the Austrian Government (“the Government”).

The Court received the friendly-settlement declarations, signed by the parties, under which the applicant agreed to waive any further claims against Austria 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. This amount will 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 undertake 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 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 1 April 2021.

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Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article 6 § 1 of the Convention

Application no. Date of introduction

Applicant’s name

Date of birth

Representative’s name and location

Date of receipt of Government’s declaration

Date of receipt of Applicant’s declaration

Amount awarded for pecuniary and non-pecuniary damage and costs and expenses

per applicant

(in euros) [1]

68977/17

14/09/2017

Heinz WÖGERER

1955

Michael PODUSCHKA

Linz

29/01/2021

03/02/2021

8,000

[1] Plus any tax that may be chargeable to the applicant.