FIFTH SECTION

DECISION

Application no . 64931/14 Alfred BAUER against Germany

The European Court of Human Rights ( Fifth Section ), sitting on 24 November 2015 as a Committee composed of:

Ganna Yudkivska , President, André Potocki , Síofra O ’ Leary , judges,

and Milan Blaško , Deputy Section Registrar ,

Having regard to the above application lodged on 16 September 2014 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Alfred Bauer, is a German national who was born in 1957 and lives in Wöllstein . He was represented before the Court by Mr I. ‑ J. Tegebauer , a lawyer practising in Trier.

The German Government (“the Government”) were represented by one of their Agent s , Mr H. J. Behrens.

The applicant demanded access rights regarding a child wh om he claims is his biological daughter but lives with the mother and her husband, who is, according to domestic law, the legal father of the child.

On 13 May 2011 the Dieburg District Court rejected the request. On 3 August 2011 the Frankfurt Court of Appeal dismissed the applicant ’ s appeal. On 3 August 2014 the Federal Constitutional Court declined to accept the applicant ’ s constitutional complaint for adjudication ( 1 BvR 638/12).

The applicant complained under Article 8 of the Convention about the refusal of the domestic courts to grant him access rights. He further complained under Articles 6 and 13 about the length of proceedings before the Federal Constitutional Court and the lack of an effective remedy.

On 2 October 2015 the Court received a joint declaration duly signed by both parties, whereby the applicant agreed to have his application struck out of the Court ’ s list of cases against an undertaking by the Government to pay him 13,000 Euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. It will be payable within three months from the date of the decision taken by the Court.

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 37 § 1 (b) of the Convention.

Done in English and notified in writing on 17 December 2015 .

Milan BlaÅ¡ko Ganna Yudkivska              Deputy Registrar President