FOURTH SECTION

DECISION

Application no . 49676/11 Esa Samuli LUPALA against Finland

The European Court of Human Rights ( Fourth Section ), sitting on 17 September 2013 as a Committee composed of:

David Thór Björgvinsson , President, Vincent A. D e Gaetano , Krzysztof Wojtyczek , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 22 July 2011 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Esa Samuli Lupala , is a Finnish national, who was born in 1953 and lives in Harjunpää He was represented before the Court by Mr Tomi Borgenström , a lawyer practising in Tampere .

The Finnish Government (“the Government”) were represented by their Agent, Mr Arto Kosonen of the Ministry for Foreign Affairs .

The applicant complained under Article s 8 and 13 of the Convention about the search of his domicile by the police and the lack of an effective remedy to complain about this search .

On 30 May and 4 June 2012 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Finland in respect of the facts giving rise to this application against an undertaking by the Government to pay him 3,000 euros to cover any non-pecuniary damage as well as 1,000 euros (inclusive of value-added tax) to cover any costs and expenses, which w ould be free of any taxes that may be applicable. They w ould be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay th e s e sum s 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 w ould 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 .

Fatoş Aracı David Thór Björgvinsson Deputy Registrar President