FOURTH SECTION

DECISION

Application no . 65550/10 K. against Finland

The European Court of Human Rights (Fourth Section), sitting on 4 December 2012 as a Committee composed of:

Zdravka Kalaydjieva , President, Päivi Hirvelä , Paul Mahoney , judges, and Fatoş Aracı , Deputy Section Registrar ,

Having regard to the above application lodged on 5 November 2010,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicants, Mrs K. and her son, are Finnish nationals, who were born in 1965 and 1994 respectively. The President granted the applicants ’ request for their identity not to be disclosed to the public (Rule 47 § 3). They were represented before the Court by Mr Markku Fredman , a lawyer practising in Helsinki .

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

The applicants complained, inter alia , under Article 8 of the Convention about the taking into public care of the applicant son and the contact rights.

On 16 and 31 October 2012 the Court received friendly settlement declarations signed by the parties under which the applicants 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 them 5,000 euros to cover any non-pecuniary damage, which would be free of any taxes that may be applicable. It would be 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 would 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 Zdravka Kalaydjieva Deputy Registrar President