FIRST SECTION

DECISION

Application no . 6652/09 ARCO VON KAMMERSBRÃœNDL HANDELS GMBH against Austria

The European Court of Human Rights ( First Section ), sitting on 21 October 2014 as a Committee c omposed of:

Mirjana Lazarova Trajkovska , President, Paulo Pinto de Albuquerque , Ksenija Turković , judges, and S ø ren Prebensen , Acting D eputy Section Registrar ,

Having regard to the above application lodged on 26 January 2009 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant company , Arco von Kammersbründl Handels GmbH , is a limited liability company registered in Austria, with seat in Untermarkersdorf . It was represented before the Court by Mr J. Hofer , a lawyer practising in Wels .

The Austrian Government (“the Government”) were represented by their Agent, Mr H. Tichy , Head of the International Law Department at the Austrian Ministry for Europe, Integration and Foreign Affairs

The applicant complained under Article 6 of the Convention about the right to a public hearing by an independent and impartial tribunal established by law .

On 2 July 2014 and on 16 July 2014 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Austria in respect of the facts giving rise to this application against an undertaking by the Government to pay him 5,039.76 euros to cover any and all damage as well as costs and expenses, which will be free of any taxes that may be applicable, 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.

Søren Prebensen Mirjana Lazarova Trajkovska Acting Deputy Registrar President