THIRD SECTION
DECISION
Application no. 19165/11
ONROEREND GOED MAATSCHAPPIJ DE LINDE GROESBEEK B.V. and others
against the Netherlands
The European Court of Human Rights (Third Section), sitting on 16 December 2014 as a Committee composed of:
Luis López Guerra, President,
Johannes Silvis,
Valeriu Griţco, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above application lodged on 17 March 2011,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix. They were all represented by Mr T. Lam, a lawyer practising in Nijmegen.
The Dutch Government ("the Government") were represented by their Agent, Mr R.A.A. Böcker, of the Netherlands Ministry for Foreign Affairs.
The applicants complained under Article 6 § 1 of the Convention about the length of civil proceedings in which they were involved.
On 6 and 21 October 2014, the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against the Netherlands in respect of the facts giving rise to this application against an undertaking by the Government to pay ex gratia 5,000 euros to each of the applicants to cover any and all damage and 6,912.64 euros to the applicants jointly to cover any and all costs and expenses, plus any tax that may be charged to the applicants, which amounts will 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 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 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.
Marialena Tsirli Luis López Guerra
Deputy Registrar President
Appendix
Onroerend Goed Maatschappij De Linde Groesbeek B.V., a limited liability company, established in Groesbeek;
Mr Gerardus A.J. DERKS, born in 1935 and living in Groesbeek;
Mr Joseph E.M. DERKS, born in 1967 and living in Groesbeek;
Mr Leonardus HOOGSTRATEN, born in 1938 and living in Groesbeek;
Ms Anna M.D. POUWELS-ALBERS, born in 1961 and living in Groesbeek;
Ms Monique VOS-ALBERS, born in 1966 and living in Hilversum; and
Ms Mirjam G.A. WIJNHOVEN-ALBERS, born in 1963 and living in Groesbeek.