FIRST SECTION

DECISION

Application no. 2928/02 by Gabriel LIEDERMANN against Austria

The European Court of Human Rights (First Section), sitting on 8 February 2007 as a Chamber composed of:

Mr C.L. Rozakis , President, Mr L. Loucaides , Mrs N. Vajić , Mr A. Kovler , Mrs E. Steiner , Mr K. Hajiyev , Mr D. Spielmann , judges,

and Mr S. Nielsen , Section Registrar ,

Having regard to the above application lodged on 8 January 2002,

Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.

Having regard to the formal declarations accepting a friendly settlement of the case.

Having deliberated, decides as follows:

THE FACTS

The applican t, Mr Gabriel Liedermann, is an Austrian national who wa s born in 1958 and lives in Vienna . The Austrian Government (“the Government”) were represented by their Agent, Ambassador F. Trauttmansdorff, Head of the International Law Department at the Federal Ministry of Foreign Affairs.

The facts of the case, as submitted by the parties, may be summarised as follows.

On 27 September 1994 the Vienna Federal Police Authority issued a provisional penal order finding the applicant guilty of having disregarded a red traffic light and imposed a fine of 1,500 Austrian schillings (ATS) on him with sixty hours ’ imprisonment in default. The applicant ’ s objection remained unsuccessful.

On 20 January 1997 the Independent Administrative Panel, after having held hearings in November and December 1996, pronounced its decision dismissing the applicant ’ s appeal, but reducing the fine to 1,200 ATS with sixty hours ’ imprisonment in default.

On 4 February 2000 the Independent Administrative Panel ’ s decision was served on the applicant.

The applicant lodged a complaint with the Administrative Court on 21 March 2000 and requested a hearing.

On 18 May 2001 the Administrative Court , without a hearing, dismissed the applicant ’ s complaint as being unfounded.

The Administrative Court ’ s judgment was served on the applicant on 9 July 2001.

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention about the length and the alleged unfairness of the proceedings. Furthermore he complained that he had not been summoned and was therefore not present at the pronouncement of the Independent Administrative Panel ’ s decision. Finally, he also complained about the lack of a hearing before the Administrative Court .

In addition the applicant alleged violations of Article 13 of the Convention and of Article 1 of Protocol No. 1.

THE LAW

On 4 November 2006 the Court received the following declaration from the applicant:

“ I, Mr Gabriel Liedermann , note that the Government of Austria are prepared to pay me the sum of 4,000 euros with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of a ny taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. From the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amount at a rate equal to the marginal lending rate of the European Central Bank during the default period p lus three percentage points.

I accept the proposal and waive any further claims against Austria in respect of the facts giving rise to this application. I declare that this constitutes a final resolution of the case. ”

On 20 December 2006 the Court received the following declaration from the Government:

“ I, Ambassador Ferdinand Trauttmansdorff , Head of the International Law Department of the Federal Ministry of Foreign Affairs , declare that the Government of Austria offer to pay 4,000 euros to Mr Gabriel Liedermann with a view to securing a friendly settlement of the above-mentioned case pending before the European Court of Human Rights.

This sum, which is to cover any non-pecuniary damage as well as costs and expenses, will be free of a ny taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from 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 Court reiterates the terms of Article 37 § 1 of the Convention which, so far as relevant, reads as follows:

“1. The Court may at any stage of the proceedings decide to strike an application out of its list of cases where the circumstances lead to the conclusion that

...

(b) the matter has been resolved;

...

However, the Court shall continue the examination of the application if respect for human rights as defined in the Convention and the Protocols thereto so requires.”

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 its Protocols and finds no public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it sh ould be struck out of the list.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases.

Søren Nielsen Christos Rozakis , Registrar President