FIFTH SECTION

DECISION

Application no. 37404/15 Thomas DRESCHER against Germany

( s ee appended table)

The European Court of Human Rights (Fifth Section), sitting on 1 1 June 2020 as a Committee composed of:

Ganna Yudkivska , President, Lado Chanturia , Anja Seibert- Fohr , judges,

and Liv Tigerstedt, Acting Deputy Section Registrar,

Having regard to the above application lodged on 23 July 2015 ,

Having regard to the parties ’ agreement to accept 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 Tigges , a lawyer practising in Naumburg (Saale).

The applicant ’ s complaints under Articles 6 § 1 and 13 of the Convention concerning the fairness of criminal proceedings before the Gera Regional Court, which had not decided on the applicant ’ s appeal against the District Court ’ s judgment of 15 October 2013, and concerning the availability of an effective domestic rem edy in these criminal proceedings, including subsequent proceedings concerning a global fine and the enforcement proceedings, were communicated to the German Government (“the Government”) .

On 7 January 2020 the Court received a letter from the applicant in which he informed the Court that the application had been completely settled at the domestic level and that he had reached an agreement with the Government on the reimbursement of his postage costs. He therefore asked the Court to strike the application out of the list of cases . On 3 February 2020 the Court received a letter from the Government in which they confirmed the agreement on the reimbursement of postage costs amounting to EUR 78.30 and requested the Court to strike the application out of the list of cases. The Court interprets the agreement as a friendly settlement between the parties and that the compensation proposed is to be paid within three months from the date of notification of the Court ’ s decision issued in accordance with Article 37 § 1 of the Convention and that, in the event of failure to settle within this period, simple interest shall be payable on the amount in question at a rate equal to the marginal lending rate of the European Central Bank 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 .

Liv Tigerstedt Ganna Yudkivska Acting Deputy Registrar President

APPENDIX

Application raising complaints under Article s 6 § 1 and 13 of the Convention

Application no. Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Amount awarded for costs and expenses per application

(in euros) [1]

37404/15

23/07/2015

Thomas DRESCHER

03/11/1962

Tigges Karl-Jürgen

Naumburg (Saale)

78.30

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