THIRD SECTION

DECISION

Application no . 47367/09 Nico LACROIX against the Netherlands

The European Court of Human Rights (Third Section), sitting on 17 May 2016 as a Committee composed of:

Helen Keller, President, Johannes Silvis, Alena Poláčková, judges,

and Stephen Phillips , Section Registrar ,

Having regard to the above application lodged on 28 August 2009,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Nico Lacroix, is a Dutch national who was born in 1954 and lives in Breda.

The Netherlands Government (“the Government”) were represented by their Agent, Mr R.A.A. Böcker, and Deputy Agent, Ms L. Egmond, of the Ministry of Foreign Affairs.

The applicant complained under Article 6 of the Convention about the length of the civil proceedings he was involved in.

On 28 September 2015 and 26 October 2015 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Netherlands in respect of the facts giving rise to this application, against an undertaking by the Government to pay him ex gratia 20,000 euros to cover any and all pecuniary and non-pecuniary damage, as well as costs and expenses. The sum will be free of any taxes that may be applicable and will be payable within three months of 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 9 June 2016 .

Stephen Phillips Helen Keller R egistrar President