FIFTH SECTION

DECISION

Application no . 62765/15 Hans Ulrich BRINKHOFER against Germany

The European Court of Human Rights (Fifth Section), sitting on 24 January 2017 as a Committee composed of:

Ganna Yudkivska, President, Faris Vehabović, Carlo Ranzoni, judges,

and Anne-Marie Dougin, Acting Deputy Section Registrar ,

Having regard to the above application lodged on 12 December 2015,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Hans Ulrich Brinkhofer, is a German national, who was born in 1954 and lives in Bergheim. He was represented before the Court by Mr T. Barczewski, a lawyer practising in Bergheim.

The German Government (“the Government”) were represented by one of their Agents, Mr H.-J. Behrens, Ministerialrat , of the Federal Ministry of Justice and Consumer Protection.

The applicant complained under Article 6 §§ 1, 3 (c) of the Convention that his right to defend himself through legal assistance of his own choosing had been violated by the Aachen Regional Court ’ s refusal, in its judgment of 15 September 2014, to deal with his appeal on the merits due to his failure to attend the hearing before that court, despite the fact that his counsel was present, duly authorised and ready to defend him. He relied on the Court ’ s judgment in the case of Neziraj v. Germany , no. 30804/07 , 8 November 2012, to support his view.

On 23 November 2016 and 15 December 2016 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Germany in respect of the facts giving rise to this application against an undertaking by the Government to pay him 7,000 euros to cover any pecuniary and non ‑ pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to the applicant. This sum will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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 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 its Protocols 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.

Done in English and notified in writing on 16 February 2017 .

Anne-Marie Dougin Ganna Yudkivska              Acting Deputy Registrar President