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WÖGLER BAU GES.M.B.H. AND STEINER v. AUSTRIA

Doc ref: 51626/15;57301/16 • ECHR ID: 001-186472

Document date: August 30, 2018

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WÖGLER BAU GES.M.B.H. AND STEINER v. AUSTRIA

Doc ref: 51626/15;57301/16 • ECHR ID: 001-186472

Document date: August 30, 2018

Cited paragraphs only

FIFTH SECTION

DECISION

Application s no. 51626/15 and 57301/16 WÖGLER BAU GES.M.B.H. against Austria and STEINER against Austria (see appended table)

The European Court of Human Rights (Fifth Section), sitting on 30 August 2018 as a Committee composed of:

Yonko Grozev, President, Gabriele Kucsko-Stadlmayer, Lәtif Hüseynov , judges,

and Liv Tigerstedt, 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 cases,

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 friendly-settlement declarations 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 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 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 20 September 2018 .

Liv Tigerstedt Yonko Grozev Acting Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth /

Date of registration

Representative name and location

Date of receipt of Government ’ s declaration

Date of receipt of Applicant ’ s declaration

Amount awarded to cover any and all damage as well as costs and expenses (in euros) [1]

51626/15

07/10/2015

Wögler Bau Ges.m.b.H .

22/07/1993

Toth Josef

Wien

18/12/2017

20/11/2017

12,000

57301/16

28/09/2016

Reinhard Steinert

15/04/1955

Riedl Martin

Wien

12/04/2018

25/04/2018

8,000

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

© European Union, https://eur-lex.europa.eu, 1998 - 2026

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