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DEIMEL AND OTHERS v. AUSTRIA
Doc ref: 436/19;6409/19;52841/19;24389/20 • ECHR ID: 001-210380
Document date: May 20, 2021
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DEIMEL AND OTHERS v. AUSTRIA
Doc ref: 436/19;6409/19;52841/19;24389/20 • ECHR ID: 001-210380
Document date: May 20, 2021
Cited paragraphs only
FOURTH SECTION
DECISION
Application no. 436/19 Alfred DEIMEL against Austria and 3 other applications
(s ee appended table)
The European Court of Human Rights (Fourth Section), sitting on 20 May 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 s lodged on the various dates indicated in the appended table,
Having regard to the formal declaration s accepting a friendly settlement of the case s ,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicant s 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 the friendly-settlement declarations , signed by the parties, under which the applicant s 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 settlements reached between the parties. It is satisfied that the settlements are 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 case s 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 10 June 2021 .
{signature_p_2}
Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
( excessive length of civil proceedings )
No.
Application no. Date of introduction
Applicant’s name
Year 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]
436/19
20/12/2018
Alfred DEIMEL
1960Riedl Martin
Wien
25/02/2021
05/01/2021
4,200
6409/19
05/03/2019
Hansruedi RAIMUND
1954Hintermayr Johannes
Linz
15/04/2021
06/04/2021
12,000
52841/19
01/10/2019
Herbert TANZLER
1957
15/04/2021
18/01/2021
20,000
24389/20
16/06/2020
Teja GOLDNAGL
1939
15/04/2021
25/01/2021
24,000
[1] Plus any tax that may be chargeable to the applicants.
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