FIRST SECTION

DECISION

Application no. 14715/09 by Yahya YILMAZ against Austria

The European Court of Human Rights (First Section), sitting on 30 September 2010 as a Committee composed of:

Anatoly Kovler , President, Elisabeth Steiner , George Nicolaou , judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 10 March 2009,

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

Having deliberated, decides as follows:

PROCEDURE

The application was lodged by Mr Yahya Yilmaz , a Turkish national who was born in 1980 and lives in Lustenau . He was represented before the Court by Mr W.L. Weh , a lawyer practising in Bregenz . The Austrian Government (“the Government”) were represented by their Agent, Ambassador H. Tichy , Head of the International Law Department at the Federal Ministry for European and International Affairs . The Turkish Government did not make use of their right to intervene unde r Article 36 of the Convention.

The applicant complained under Article 6 § 1 of the Convention about the length and alleged unfairness of administrative criminal proceedings. In addition he raised a complaint under Article 7 of the Convention.

On 30 June and 29 July 2010 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 2,500 euros to cover any non-pecuniary damage as well as costs and expenses. This sum will be free of any taxes that may be applicable and will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).

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.

André Wampach Anatoly Kovler Deputy Registrar              President