Jens-Uwe UMBREIT v Germany - 35749/07 [2010] ECHR 1686 (28 September 2010)R
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no public policy reasons to continue examining the application, thus striking the case out of its list.
Source-derived case information.
- Citation
- [2010] ECHR 1686
- Parties
- Applicant: Jens-Uwe Umbreit; Respondent: Federal Republic of Germany
- Jurisdiction
- European Union
- Procedural Posture
- Application to European Court of Human Rights / Friendly Settlement; Decision to Strike Out
- Outcome
- Application struck out following friendly settlement
- Legal Topics
- Length of Proceedings, Right to a Fair Trial, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jens-Uwe Umbreit
Applicant
Federal Republic of Germany
Respondent
Procedural Posture
Application to European Court of Human Rights / Friendly Settlement; Decision to Strike Out
Legal Issues
- 1 Whether the length of civil proceedings violated Article 6 § 1 of the European Convention on Human Rights
Ratio Decidendi
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no public policy reasons to continue examining the application, thus striking the case out of its list.
Court Disposition
Application struck out following friendly settlement
Orders
- Case struck out of the list of cases
- Government to pay applicant 10,000 euros within three months as full and final settlement
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Jens-Uwe UMBREIT v Germany - 35749/07 [2010] ECHR 1686 (28 September 2010)R URL: https://www.bailii.org/eu/cases/ECHR/2010/1686.html Cite as: [2010] ECHR 1686 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIFTH SECTION DECISION Application no. 35749/07 by Jens-Uwe UMBREIT against Germany The European Court of Human Rights (Fifth Section), sitting on September 2010 as a Committee composed of: Mark Villiger, President, Renate Jaeger, Isabelle Berro-Lefèvre, judges, and Stephen Phillips , Deputy Section Registrar , Having regard to the above application lodged on 8 August 2007, 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 Jens-Uwe Umbreit, a German national who was born in 1964 and lives in Ilmenau. The German Government (“the Government”) were represented by their Deputy Agent, Mr H.-J. Behrens, of the Federal Ministry of Justice. The applicant complained under Article 6 § 1 of the Convention about the length of civil proceedings before the Suhl Labour Court , the Thüringen Labour Court of Appeal and the Federal Labour Court which were instituted in 1994 and terminated on 14 February 2007. On 25 January 2010 the President of the Fifth section decided to give notice of the application to the Governement. On 19 June and 1 July 2010 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Germany in respect of the facts giving rise to this application against an undertaking by the Government to pay him 10,000 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses. It 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. 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. Stephen Phillips Mark Villiger Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2010/1686.html