THIRD SECTION

DECISION

Application no . 52491/08 Alida Francisca VOS against the Netherlands

The European Court of Human Rights ( Third Section ), sitting on 21 January 2014 as a Committee composed of:

Alvina Gyulumyan, President, Kristina Pardalos, Johannes Silvis, judges, and Marialena Tsirli , Deputy Section Registrar ,

Having regard to the above application lodged on 31 October 2008 ,

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

Having deliberated, decides as follows:

THE FACTS

1 . The applicant, Ms Alida Francisca Vos, is a Netherlands national, who was born in 1956 and as far as the Court is aware lives in Haarlem. She is represented before the Court by Mr S.T. van Berge Henegouwen, a lawyer practising in Maastricht.

2 . On 19 July 2013 the Court gave notice to the respondent Government of the applicant ’ s complaint under Article 5 § 4 concerning the time taken by the competent domestic court to decide on her appeal against an order for her to be held in detention on remand .

3. By letter of 21 August 2013 the Agent of the Government informed the Court of a friendly settlement in the following terms:

“Further to your letter of 19 July 2013, concerning the above application, I have the pleasure to inform you that the Government and the applicant are willing to secure a friendly settlement of the matter.

The Government is prepared to pay the applicant an amount of € 3.000, in return of which the applicant is prepared to withdraw the application. Since the applicant was provided with legal aid in the proceedings, no further issue arises in that respect.”

4. On the same day the applicant ’ s representative confirmed the settlement in the following terms:

“I hereby notice the court on behalf of my client that Mrs. Vos and the Netherlands have reached an agreement.

Mrs. Vos will be rewarded a compensation of 3000 euro. Parties have also agreed that Mrs. Vos will withdraw her complaint as filed with the above application number.”

THE LAW

5. The Court takes note of the friendly settlement reached between the parties. It is satisfied that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and its Protocols does not require it to continue the examination of the application under Article 37 § 1 in fine .

6. The Court considers it appropriate that payment of the agreed sum should take place within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases, failing which default interest shall be due based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

For these reasons, the Court unanimously

Decides to strike the application out of its list of cases ;

Decides that payment of the agreed sum shall take place within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases , failing which default interest shall be due based on the marginal lending rate of the European Central Bank, to which should b e added three percentage points .

Marialena Tsirli Alvina Gyulumyan Deputy Registrar President