THIRD SECTION

FINAL DECISION

Application no. 56952/00 by Horst TILL against Germany

The European Court of Human Rights (Third Section) , sitting on 23 January 2003 as a Chamber composed of

Mr I. Cabral Barreto , President , Mr G. Ress , Mr P. Kūris , Mr R. Türmen , Mr B. Zupančič , Mrs M. Tsatsa-Nikolovska , Mr K. Traja , judges , and Mr V. Berger , Section Registrar ,

Having regard to the above application lodged on 18 January 2000,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Horst Till, is a German national, who was born in 1941 and lives in Friedberg, Germany. He is represented before the Court by Mr Weinkamm, a lawyer practising in Augsburg, Germany.

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

On 30 October 1995, the Augsburg Labour Court dismissed the applicant’s request to revoke his employer’s decision to dismiss him without notice.

On 2 August 1996, following the applicant’s appeal, the Munich Regional Labour Court confirmed the decision of the Labour Court and did not admit an appeal on points of law. On 18 December 1997, following repeated reminders by the applicant, the Regional Labour Court’s decision was served on him.

On 1 July 1998, the Federal Labour Court dismissed the applicant’s request for leave to appeal against the Regional Court’s decision.

On 21 July 1999, the Federal Constitutional Court refused to entertain the applicant’s constitutional complaint concerning, inter alia , the delay in serving the Regional Labour Court’s decision.

COMPLAINTS

The applicant complained under Article 6 of the Convention about the German court proceedings, in particular their length and outcome.

THE LAW

By letter dated 12 September 2002, the Court invited the Government to submit observations on the admissibility and merits of the case.

By letter of 2 December 2002, signed by the Agent of the Government and the applicant’s representative on 14 and 29 November 2002 respectively, the parties submitted the following agreement reached between them:

“ Statements of the parties with a view to a friendly settlement

The Federal Republic of Germany, represented by Klaus Stoltenberg, Ministerialdirigent ,  Ministry of Justice, ..., as well as the applicant Horst Till, represented by Mr Franz Weinkamm, ..., in the proceedings concerning application no. 56952/00, declare with a view to a friendly settlement as follows:

1. The Government of the Federal Republic of Germany will pay to the applicant a sum of 4,000 euros in total as compensation in respect of any possible claims relating to the present application. This sum includes reimbursement for the counsel’s fees and expenses incurred in the proceedings before the Court.

2. The applicant declares his application settled and agrees to strike it off the list of cases. He waives any further claims against Germany relating to  the present application.”

The Court notes that the matter has been resolved within the meaning of Article 37 § 1(b) of the Convention. It is further satisfied that the parties’ agreement is based on respect for human rights as defined in the Convention or its Protocols (Article 37 § 1 in fine ). Accordingly, the case should be struck out of the Court’s list of cases.

For these reasons, the Court unanimously

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

Vincent Berger Ireneu Cabral Barreto Registrar President